The Flathead County Commissioners Wednesday voted to rescind a major land use permit for the Whistlestop Retreat on Lake Five.

Commissioners made the decision after Flathead County District Court Judge Amy Eddy last month determined a host of flaws with the permit, most notably that the resort did not have a legal access to the property to be used as a resort.

Eddy found in August that the road that serves the property has an easement “(that) expressly bars rental or residential use by non-family members, commercial businesses and access for further. In effect, the easement restricts the use of Grizzly Spur Road to one family per lot.”

Eddy, in turn, issued a preliminary injunction, stopping the development.

Grizzly Spur is the private road that accesses the proposed resort, some of which was already under construction.

GM Trust had received a major land use permit from Flathead County Commissioners earlier this year to build two houses, several rental cabins, an entertainment structure, two pavilions, two non-rental RV spaces and other structures, including a shop on about 24 acres off Grizzly Spur Road on the northwest side of Lake Five near West Glacier.

Dr. Susie Dietz of Anchorage, Alaska heads up the GM Trust and was marketing the property as a vacation destination.

Lake Five is a small lake near West Glacier, with a host of summer homes on its east end. The west end, where the retreat would be located if built, was far more primitive and includes a large wetland.

The Friends of Lake Five, a nonprofit group of local landowners, filed suit shortly the after permit was issued.

The matter isn’t entirely settled — GM Trust could reapply for the permit if it can gain legal access for a commercial venture, county commissioners noted.

The vote to rescind the permit was unanimous.

“I just want to thank the judge that found it and I think it’s appropriate,” county commissioner Phil Mitchell said. Commissioners Pam Holmquist and Randy Brodehl had no comment.