A Flathead County District Court judge last week halted construction of a 159-foot dock in Lakeside after finding the minor variance request was granted in violation of the state Lakeshore Protection Act. 

It was a partial victory for Citizens for a Better Flathead, a watchdog group that filed suit against county commissioners on Feb. 23. The group asked the court to pause a commercial marina permit issued in the spring of 2025 and a minor variance request for a dock extension granted on Feb. 3 while the case was being litigated.  

In the lawsuit, Citizens for a Better Flathead argue county commissioners violated Montana’s Lakeshore Protection and Public Participation in Government acts when they approved the permit and variance request. Both applications were submitted by Discovery Land Company, a developer building a 1,700-acre deluxe resort in Lakeside that includes a marina at 688 Lakeside Blvd.   

Attorneys representing the county argued against the preliminary injunction before Judge Dan Wilson on March 12. Ruling from the bench that afternoon, Wilson partially granted Citizens for a Better Flathead’s request.  

He first denied pausing the approval of the commercial marina permit in 2025 after determining the group was unlikely to succeed in its lawsuit. Wilson found the permit was reviewed in compliance with the Flathead County lakeshore regulations. He added that the regulations were implemented in accordance with the state Lakeshore Protection Act. 

“In other words, and speaking figuratively, the county regulations, unless they require a variance, provide the proverbial safe harbor for applicants,” Wilson said.  

But he ruled that the dock extension approval in February violated the Lakeshore Protection Act.  

The approved minor variance request allowed developers to extend a dock 59 feet beyond the 100-foot capped length in county lakeshore regulations. Under the Lakeshore Protection Act, local governments must receive an environmental impact statement and hold a public hearing before granting a variance request.  

But neither of these are required for a minor variance request in Flathead County, only for a major variance. Commissioners ultimately determine whether a variance is major or minor, but Wilson found there’s insufficient legal distinction between the two, describing the situation as giving commissioners “discretion without any bounds.”  

" ... There’s just no way for this court to say that this is a lawful application of the Lakeshore Protection Act if there can be minor versus major variances and no way to tell the difference under the law,” Wilson said. 

If construction of the dock were to continue, there’s no assurance that environmental protections under state law will be followed, he added. A stop work order from the Flathead County Planning and Zoning Department was posted on site Tuesday, indefinitely prohibiting construction activity.  

“We are pleased that Judge Wilson granted the preliminary injunction based on the plain language of the Montana Lake and Lakeshore Protection Act,” said Mayre Flowers, executive director of Citizens for a Better Flathead, in a March 16 statement. “The injunction will temporarily halt very real harm to this area and known Bull Trout critical habitat." 

Report for America Reporter Hannah Shields can be reached at 406-758-4439 or [email protected]. If you value local journalism, pledge your support at dailyinterlake.com/support.