Judge rules against Whitefish over 'doughnut' area

By RICHARD HANNERS / Whitefish Pilot

Flathead County District Court Judge Katherine Curtis ruled against Whitefish in its lawsuit against the county over the so-called "doughnut" planning and zoning jurisdiction.

The city sued the county after the county commissioners voted 2-1 to rescind the interlocal agreement that created a two-mile planning and zoning jurisdiction for the city.

The commissioners said the city had "violated the spirit" of the interlocal agreement by imposing stricter regulations on county residents who cannot vote for city councilors.

Whitefish sought a preliminary injunction, saying it would suffer "irreparable harm" if planning and zoning authority ended with the commissioners' action.

But according to Curtis' May 1 ruling, planning and zoning ordinances put in place by Whitefish will remain in effect until the county completes and implements a growth policy for the "doughnut" area.

She said state law allows counties to implement planning and zoning regulations through a growth policy.

Curtis also said she disagreed with Whitefish city attorney John Phelps' argument that a ruling against the preliminary injunction would "cause extensive disruption" for the city, the county and property owners in the "doughnut" area.

It will take time for the county to develop a growth policy for the affected area, she said, so Whitefish will not suffer "irreparable harm."

As for the interlocal agreement's provision calling for both sides to mutual agree to terminate the agreement, Curtis cited state law and said it's unlikely the city will prevail in proving that argument.