Columbia Falls may bite into doughnut lawsuit
By HEIDI DESCH / Hungry Horse News
Columbia Falls may join the city of Whitefish in its lawsuit against Flathead County.
The Whitefish City Council last month voted to sue the County after county commissioners voted to rescind an interlocal agreement that establishes Whitefish's two-mile planning and zoning jurisdiction.
Columbia Falls has an identical agreement with the county that sets up the same so-called "doughnut" area.
City Attorney Eric Kaplan told the City Council on Monday that he had received a letter from Whitefish City Attorney John Phelps stating that Columbia Falls would likely be affected by the lawsuit's outcome.
Kaplan said the letter notes that the County is arguing that the interlocal agreement that set up Whitefish's planning jurisdiction is illegal.
Both interlocal agreements were set up in 2005. The agreements set the cities' planning jurisdictions to include one mile past city limits. Kalispell does not have an agreement with the county.
If the court finds favor with the county it would essentially void the same agreement between the County and Columbia Falls.
That could mean that every planning decision since 2005 would have to revisited as it could be also considered illegal. Also, planning fees charged by the City might also have to be returned.
"I feel we should be involved in however you feel comfortable," City Manager Bill Shaw told the Council. "If the County prevails it will set the precedent for us."
Kaplan said the City could petition the court for the authority to be part of the lawsuit by showing the City has an interest in it.
The Council asked Kaplan to return with a proposal estimating the cost of joining the suit as well as the pros and cons of doing so.
Shaw also noted that the City hadn't budgeted for the expense and so it would have to be determined where the money might come from.
"I think we need to be in this, too. I didn't realize it was the same agreement," Councilman Mike Shepard said. "If they lose we're in trouble."