Community Market suit settled out of court, terms undisclosed

The Columbia Falls Community Market and O’Brien Byrd have settled a lawsuit brought by the market out of court.

Terms were not disclosed and both sides gave the same one sentence statement, which reads: “the matter has been resolved and we have no further comment.”

Both sides are responsible for respective attorney fees.

The parties moved to have the case dismissed and it was approved by Flathead County District Court Judge Dan Wilson “with prejudice as fully settled on the merits” on Oct. 30.

The market brought the suit, against Byrd, and Three Byrd’s Properties on May 26, 2023, claiming it broke the five-year lease the Market renewed in April 2022 for use of the property at his then liquor store on Highway 2.

Byrd in turn, also claimed the Market had broken the terms of its lease with him, claiming it hadn’t paid the rent and tried to serve liquor on the premises May 18, 2023 “in a manner that violated federal, state or local regulations.”

The Market denied those allegations.

The case went on through the court and arbitration for the past two-plus years before the settlement came at the end of October.

The market has since moved down U.S. Highway 2 to land owned by the Boys and Girls Club. The nonprofit is hoping to purchase the property so it has a permanent home.

Byrd, in turn, recently sold his liquor license to several investors and has eventual plans to put a restaurant at the liquor store location in the coming years, once the liquor license owners establish a permanent home.