Whitefish will appeal doughnut decision

Whitefish City Council decided Monday to appeal a recent decision handed down by District Court Judge David Ortley that gives the county control of the planning doughnut. The 4-2 vote came after more than an hour of discussion in an executive session closed to the public and press.

Councilors Phil Mitchell and Chris Hyatt were in opposition of the motion to appeal.

Hyatt said during the regular meeting Monday that since the day he was elected, he has said doughnut residents deserve representation.

“The people of the doughnut still do not have representation [from council] and we want to control what they do,” he said.

Hyatt said he wasn’t in favor of more litigation, and that city and county officials should work together to reach an agreement.

“Leaders will figure out how to negotiate,” he said.

Mitchell said he has a philosophical difference with the appeal process.

“I always try to work things out, without going to court,” he said.

Councilman Bill Kahle said that while he struggled with his decision, ultimately his responsibility is for Whitefish residents. He noted that it was the city of Whitefish that was sued.

“We need to see this through to the end,” he said. “I still hope we can continue to negotiate with the county. I hope we can sit down at the table and handle this outside of a courtroom.”

No other councilors spoke publicly about their vote.

The Montana Supreme Court could have the final say as to whether the city or Flathead County has jurisdiction over the two-mile planning “doughnut” around Whitefish.

Whitefish City Council decided Monday to appeal a recent decision handed down by District Court Judge David Ortley that gives the county control of the planning doughnut. The 4-2 vote came after more than an hour of discussion in an executive session closed to the public and press.

Councilors Phil Mitchell and Chris Hyatt were in opposition of the motion to appeal.

Hyatt said during the regular meeting Monday that since the day he was elected, he has said doughnut residents deserve representation.

“The people of the doughnut still do not have representation [from council] and we want to control what they do,” he said.

Hyatt said he wasn’t in favor of more litigation, and that city and county officials should work together to reach an agreement.

“Leaders will figure out how to negotiate,” he said.

Mitchell said he has a philosophical difference with the appeal process.

“I always try to work things out, without going to court,” he said.

Councilman Bill Kahle said that while he struggled with his decision, ultimately his responsibility is for Whitefish residents. He noted that it was the city of Whitefish that was sued.

“We need to see this through to the end,” he said. “I still hope we can continue to negotiate with the county. I hope we can sit down at the table and handle this outside of a courtroom.”

No other councilors spoke publicly about their vote.