Left-turn signal held up in court

American Bank built too close to roadway

By RICHARD HANNERS

Whitefish Pilot

Residents frustrated by traffic jams at Baker Ave. and Second St. may have to wait a little longer before a left-turn lane or turn signal are placed at the busy intersection.

It turns out a building is in the way.

The Montana Department of Transportation filed a preliminary order of condemnation against American Bank in Whitefish on Sept. 24 last year to make room for a traffic project at the intersection.

According to MDT attorney Edward Beaudette, the bank knew about MDT plans to put left-turn lanes and turn signals at the Baker Ave.-Second St. intersection within 16 days of when it purchased the property in October 2001.

"They contacted MDT at that time and requested copies of the proposed design," Beaudette told the Pilot.

Second St. is part of the future U.S. Highway 93 reconstruction project, and Baker Ave. is part of Highway 487. The new bank building was built right up to the edge of the sidewalks along both highways.

Whitefish city attorney John Phelps recalls contacting both the bank and MDT about the situation in 2001. He said the bank was well aware of MDT's plans for the intersection before beginning construction.

He also said MDT expected the city to use its building code authority to force the bank to change its plans. But after looking into the matter, Phelps said, the city concluded it didn't have that kind of authority.

"The city recognized the importance of this intersection, both to MDT and for the city's residents," Phelps told the Pilot.

During an Oct. 3 hearing before District Court Judge Katherine Curtis, attorneys for the bank, Clifford Edwards and Triel Culver, submitted a motion to dismiss the condemnation order, claiming the state had not complied with regulations and had failed to inform the court, the public and American Bank why the project was necessary.

Edwards, a Billings-based attorney, owns the Edwards Jet Center at Glacier Park International Airport and property in Iron Horse.

Attorneys have until Nov. 1 to file final papers before Curtis makes her ruling.

Beaudette said if Curtis rules in favor of the condemnation order submitted by MDT, the court would move on to a valuation phase.

MDT would have to pay American Bank fair market value for the 227 square feet the state needs for the project based on the value of the property at the time of summons — which was after the bank building was constructed.