Mediation denied in Whitefish doughnut appeal

The Montana Supreme Court has denied Whitefish’s request for mediation in the ongoing planning doughnut lawsuit.

According to the order filed Sept. 17, the state’s high court says that given the plaintiffs’ objection to mediation, it is appropriate to deny the city’s request.

Whitefish has appealed to the Supreme Court a decision handed down by District Court Judge David Ortley that gives Flathead County jurisdiction over the two-mile planning doughnut around the city, and declares invalid a city referendum that threw out a 2010 interlocal agreement.

In a motion filed Sept. 3, the city argued “all parties to this appeal would benefit if an alternative process is made available to resolve their differences.”

Attorney Duncan Scott, who represents four Whitefish area residents who sued the city to have the referendum thrown out, argued that mediation would be pointless given Whitefish’s position that any settlement in this case would be subject to referendum.

Scott said the best path to a resolution is through the Supreme Court upholding the District Court’s decision to give the county jurisdiction.

Whitefish is due to submit its brief in the appeal at the end of the month. The plaintiffs’ brief is due at the end of next month.

Scott says a final ruling could take up to a year.

“Probably sometime next fall,” Scott told the Pilot.

Meanwhile, the District Court is still considering Whitefish’s request for a stay in the July 8 ruling that gave control of the doughnut to Flathead County. The city would like to retain control while the appeal process plays out.

The city also asked the court to restore a February 2012 injunction that prevented the county from implementing interim zoning in the doughnut.

Plaintiffs have asked the court to deny Whitefish’s motion for a stay and restoration of the injunction.