The Montana Supreme Court last week upheld several pro-housing laws signed into law in 2023. 

The laws were put forth by a bipartisan housing task form established by Gov. Greg Gianforte in 2022.  

The slate of land use and zoning reforms enable more abundant and affordable homes by giving property owners and builders more flexibility to create home types like accessory dwelling units, duplexes and apartments. Among the laws is Senate Bill 382, the Montana Land Use Planning Act, which mandates planning for housing and updates to growth policies for municipalities larger than 5,000 residents.  

In Dec. 2023, a Bozeman-based group of homeowners called “Montanans Against Irresponsible Densification” sued the state, alleging that the laws were governmental overreach at the state level. They alleged that the laws would force people to live in more densely populated areas, would disproportionately affect larger neighborhoods, and would violate the state Constitution's right to participate.  

A Bozeman district court judge made a split ruling last year, ruling against most of the claims but finding that the land use act does violate participation rights.  

The split ruling was then reversed by the Montana Supreme Court last week in a unanimous decision, finding the act is legal because it creates public participation in the early stages of development and planning, as seen in Whitefish with the update to the city’s growth policy.   

Gov. Greg Gianforte praised the court’s ruling.   

“Homeownership is a key part of the American dream,” Gianforte said. “[The] decision by the Montana Supreme Court is a landmark victory for hardworking Montana families and our work to increase the supply of affordable, attainable housing. By upholding the constitutionality of our reforms, it will help bring the American dream into greater reach for Montanans across our state.” 

Local housing organization Shelter WF, who was a proponent of the passage of the 2023 laws, intervened in the case. Shelter WF Executive Director Keegan Siebenaler defended in court the legal framework underlying the bills, explained the public participation process, and rebutted the plaintiffs’ claims that the 2023 land use bills unfairly excluded homeowners’ input. 

Siebenaler said that decision is one of the first definitive rulings from a state high court affirming that state zoning standards are constitutional. 

“As similar lawsuits move forward in states like Colorado, I hope to see this ruling inspire other courts to also reject frivolous claims from anti-housing interest groups and affirm the importance of state policy solutions to tackle the nationwide housing shortage,” Siebenaler said.