Citizens for a Better Flathead filed suit against Flathead County commissioners on Monday, arguing they violated the Lakeshore Protection Act and Public Participation in Government Act in approving shoreline improvements for a forthcoming Lakeside resort.  

The litigation filed in Flathead County District Court challenges the county commissioners’ approval of a commercial marina permit on April 24, 2025, and a minor variance request to extend a dock to 159 feet on Feb. 3. 

The advocacy group argues the commissioners failed to consult the Flathead County Planning Board and ensure meaningful opportunity for public comment, since neither decision involved a formal public hearing. Both decisions could threaten the water quality and natural wildlife of Flathead Lake and are of significant public interest, the complaint states.  

"By cutting corners and ignoring statutory requirements, the county has authorized a project that puts the health of Flathead Lake at risk and continues to follow a dangerous pattern of flawed decision-making that not only violates the law, but is also harming our communities, water resources and lakeshores," said Mayre Flowers, executive director of Citizens for a Better Flathead in a Feb. 25 statement. 

Both the marina permit and dock extension applications were submitted by Arizona-based Discovery Land Company, under the name Flathead Lake Land Partners, LLC. Discovery is developing a 1,700-acre deluxe resort in Lakeside, dubbed Territory 1889 Golf & Lake Club on its website, and plans to build a marina at 688 Lakeside Blvd. for its members.  

The company owns several other exclusive resorts in Montana, including Crazy Mountain Ranch in Shields Valley, Yellowstone Club in Big Sky and Iron Horse in Whitefish.  

This is the second time Citizens for a Better Flathead has gone to court over decisions involving Discovery Land Company.   

IN THE new lawsuit, the group argues the approved permit for a commercial marina is inappropriate, since it would be gated and primarily benefit members of the Territory 1889 Golf & Lake Club as well as “a limited group of other people,” according to the complaint. 

Representatives from Discovery Land Company have previously said they anticipate leasing available boat slips to members of the public.   

The group argues that submitted materials with the permit application failed to address how a commercial marina could potentially diminish water quality and wildlife habitats, interfere with other recreational users, create a public nuisance or disrupt scenic views of the lake.  

No public comment was offered during the meeting because the county failed to offer adequate notice of the agenda item, the group wrote in the complaint. 

THE FEB. 3 meeting, however, garnered a standing-room only crowd as commissioners discussed Discovery’s minor variance request for a 159-foot dock. County lakeshore regulations cap dock lengths at 100 feet, but developers argued that the water was too shallow for safe boat mooring, even at full pool. The issue could not be remedied with alternative designs, developers added. 

Citizens for a Better Flathead, Upper West Shore Alliance and members of the public submitted written comments to the commissioners, protesting the minor variance request. In the lawsuit, plaintiffs listed top concerns mentioned during the meeting’s public comment period.  

These included beliefs that a minor variance request was inappropriate, that county officials failed to ensure the application was legally compliant and that they failed to provide a formal public hearing.  

Planning Department Director Erik Mack told county commissioners they have sole discretion to decide whether a variance request is major or minor. The review process for a major variance request requires an environmental impact statement and formal public hearing process.  

“This lawsuit is about more than just one dock; it is about a county government that has abandoned the rule of law and the public’s right to have a say in the future of our valued lakes and resources," Flowers said. 

Judge Dan Wilson is presiding over the case.  

Citizens for a Better Flathead have asked the court to void both decisions and require the county to stop construction on the commercial marina and 159-foot dock. They asked the court to pause both the marina permit and dock extension while the case is being litigated. 

Flathead County is scheduled to appear before the court at 9 a.m. March 12 to argue why the court should not grant a request for a preliminary injunction.  

Reporter Hannah Shields can be reached at 758-4439 or [email protected].