Armed with a Montana Supreme Court ruling in its favor, the city of Whitefish is proceeding with the annexation of 43 acres of land in the Houston Drive area along the east shore of Whitefish Lake.

The Whitefish City Council will consider a resolution of intent to annex the land at its meeting Monday, Sept. 18. That resolution begins the formal annexation process.

Two years ago property owners formed a group — Houston Lakeshore Tract Property Owners Against Annexation Inc. — and sued the city, claiming the portion of state law the city uses to annex wholly surrounded properties isn’t applicable and actually prohibits the city from annexing more than one property at the same time.

The property owners’ key argument was that it’s possible to reach their properties without crossing city streets, including traveling via Whitefish Lake or other state and county roads. They further alleged that because East Lakeshore Drive was not properly annexed by the city, they do not cross over city territory to reach their properties.

When a Flathead District Court ruling upheld the city’s annexation proposal, the property owners appealed to the Montana Supreme Court, but the high court, too, ruled in favor of Whitefish.

Once the council adopts the resolution of intent, it begins a public comment period. A public hearing also will be scheduled before the annexation is finalized.

In other business, the council will continue a public hearing regarding a revamp of the city’s planned-unit development standards. The city intends to tweak the standards to clarify maximum average density where a planned-unit development overlays more than one underlying zone.

The council will hold a work session at 6 p.m. to talk with the Planned Unit Development Revision Ad Hoc Committee about the proposed changes.

The regular council meeting begins at 7:10 p.m. Both the work session and meeting will be held at Whitefish City Hall.

Features editor Lynnette Hintze may be reached at 758-4421 or [email protected].