County cancels rezoning hearing for so-called doughnut area

The Flathead County Commissioners canceled its Jan. 13 public hearing on rezoning land in Whitefish’s so-called “doughnut” area.

In a Jan. 8 press release, the commissioners said the decision was based on the recent Montana Supreme Court ruling ordering Flathead County District Court Judge Katherine Curtis to issue a preliminary injunction halting further planning and zoning activity by the county in the “doughnut” area.

The commissioners concluded by noting that the hearing “is canceled but may be subject to rescheduling once the lawsuit is resolved.”

The city of Whitefish sued the county shortly after the commissioners rescinded the 2005 interlocal agreement that created the “doughnut” area last March. The city wants to retain authority over planning and zoning in the two-mile extraterritorial jurisdiction and claims the county can not unilaterally dissolve the agreement.

At the city council’s Jan. 5 meeting, city attorney John Phelps explained his take on the lawsuit after the Supreme Court ruled against the county.

Phelps said he believes the preliminary injunction “rolls everything back to May.” That would erase much of the work already done by county planners, and it could require the commissioners to fill three positions on the city-county planning board.

The county, on the other hand, believes the injunction will only apply after Curtis enters it, Phelps said.

“We see the Supreme Court ruling differently,” Phelps said. “I’m not sure what Judge Curtis will do in the next few weeks.”

When asked by councilor John Muhlfeld if the city could ask for a clarification from the Supreme Court, Phelps said if the city doesn’t get what it wants, it can appeal again. He noted that the district court has some discretion in the matter.