Attorney a force behind special interest group

When the Waltons applied for a reasonable-use exemption (RUE) to build on a steep slope on their property, they probably did not anticipate the controversy the application would create. Two pieces that ran in the Whitefish Pilot on July 26 concern the court decision in the Waltons' case against the city, while highlighting the emerging role of special-interest groups in Whitefish.

"Attorney plays activist role in slope ordinance" (p. A10) details an e-mail that Sean Frampton, who represented the Waltons, sent regarding the city council's review of the case and asked the addressees to attend an "emergency meeting at …Windermere" (i.e. Windermere Real Estate).

Of the 26 people who received Frampton's e-mail, at least 23 are in the real estate industry or are developers. Frampton's "activist role" appears to be one of encouraging the real estate/development industry to lobby city council against what are very reasonable restrictions on building and development.

Real estate agent Connie Davis, in her op-ed piece "Are you prepared to Pay?" (p. A4) details the possible cost to the city in damages and court fees in the Walton case. Davis claims that for a population of 6,000, each resident will be "robbed" of $50.

This is not quite right. First, the case is ongoing; the city does not currently owe anything. Second, the city has insurance to cover damages and attorney fees. Third, as of July 2006, the population of Whitefish stood at 7,723, according to city statistics, and thus the "cost" would be 22 percent less, or just under $39 per person.

Finally, city funds come not only from residence-paid property taxes but also from user fees, investments, state allocations and grants. (The latter two points are moot, however, because the city has insurance.)

Perhaps most interesting, Davis signs her letter "a member of the Commission for Fair Land Use and Government" (CFLUG). It is here that the two articles converge — Frampton is a force behind CFLUG.

The term "commission" suggests CFLUG is a government oversight body — it is not. CFLUG is a special-interest group. It appears to be working to protect its financial interest in the real estate market and development industry through misleading hype and pressuring the city council.

If we connect the dots, the picture that emerges is not pretty one — it is a Whitefish that is over-developed, over-priced and over-litigated by an economically influential special-interest group that stands to benefit.

I know that there are many in the real estate/development industry who respect the decisions of city council and want sustainable development. Davis writes that "it's time to make your voices heard at city council meetings," and Frampton's e-mail states, "we need troops at the city council meeting."

I agree. But if we care about scenic beauty and smart development in Whitefish, and if we are concerned about the rise of special-interest groups over democratic government, we will probably come to different conclusions on whose voices and which troops have our best interests at heart.

Eric Young is a resident of Whitefish.