Supreme Court rules against city in Walton case
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October 22, 2009 11:00 PM
At presstime, the Pilot learned that the Montana Supreme Court ruled against the city of Whitefish in the Walton case on Oct. 27.
William and Theodora Walton filed suit after former city planning director Bob Horne denied them a building permit for a home on Houston Point. Horne cited the steep slopes and the need to protect water quality in Whitefish Lake.
Horne also denied the Waltons a reasonable-use exemption "despite having issued RUEs to two nearby landowners," the court said.
A jury awarded the Waltons $300,000 in damages, and Flathead County District Court Judge Ted Lympus awarded them $99,945 in attorneys fees. Interest has accrued since that time.