Property owners' rights are severely limited

To the editor:

In October of 2007, American Dream Montana on behalf of its membership filed a lawsuit challenging the subdivision regulations adopted in 2007. The reason for the lawsuit was to challenge the Flathead County Commissioners’ ARBITRARY removal of property rights from the citizens of Flathead County, including members of American Dream Montana.

Subsequent to that filing, the County set about revising the regulations, but consistently rejected professional advice presented at the public hearings. As a result, though the County tried to improve the regulations, the Commissioners continue to rely upon planners and other people who have very little understanding of the law. The latest set of regulations, adopted in December of 2008, severely limit the right of property owners in Flathead County to own, control and possess their own property.

The regulations contain more than 100 serious legal issues that are not in compliance with state law. The County requires that permits be secured from other agencies prior to approving a subdivision. Unfortunately, such permits often do not exist with the other agencies. The County has adopted regulations that are much more stringent than state law or guidelines and have been met the legal requirements to do so. Other regulations are so burdensome that they deny a property owner the reasonable right to use and control their own property.

As a result of these serious legal issues, American Dream Montana has now amended its lawsuit.

The Commissioners will be served within the next few days. American Dream Montana has always hoped that common sense and a respect for the law and property owner would prevail. We continue to hope that the issues raised in this lawsuit can be resolved without the necessity of a costly and lengthy trial. American Dream Montana and its members are willing to work with the

Commissioners to revise these regulations in a manner that will make them comply with the law and respect property owners’ rights.

At this point, we simply do not have much faith in either the Planning Office or the County Attorney’s office. The recent lawsuit awarding the Flathead County Sheriff’s deputies over $1,000,000 is a good example of the consequences to Flathead County taxpayers when the County ignores the law.

A copy of the amended complaint is available from the clerk of the Flathead County District Court.

Russell Crowder

ADM chairman

Kalispell