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The doughnut rolls

| August 28, 2008 11:00 PM

When Mike Jopek and the others on the City of Whitefish Land Growth Committee set out to develop a Critical Land Ordinance Policy to regulate growth, it included the now infamous "doughnut" that included a two-mile radius beyond the city limits. A firestorm of protest erupted from the residents of that area objecting to their being regulated and their land values diminished by a regulatory body for which they could not vote. It is this kind of insensitivity that led to the cry, "No taxation without representation," and the onset of the American Revolution. Consequently, the county commissioners rescinded the inter-local agreement. Despite clear constitutional and common law precedents that reinforce the county's position, the city has chosen to continue its appeal and act as if the "doughnut" belongs to the City of Whitefish.

One example of the problems with complete regulation of private property and business and a "one size fits all" regulatory mindset is the dispute about Mrs. Spoonover's ice cream cone mural. Making a determination as to whether or not an ice cream cone mural is an advertisement or a work of art would seem to be a ridiculous waste of taxpayers' money. Most citizens probably think it is attractive and adds appropriate local color.

Yet another example of this occurred when a city official called the pastor of the Whitefish Community Church of God (located at 5685 Highway 93 S.) and informed him that the church's new sign was not in compliance with the City of Whitefish sign ordinance. Since the church is within the "doughnut" but NOT in the city limits, this news was rather disturbing. Since several members of the congregation have worked long and hard constructing the sign and expended a considerable amount of their own money, their consternation and dismay is understandable. The church is obviously very concerned about being a good neighbor and desires to have an attractive property. Much work has been done this past summer to upgrade and make the property more appealing. The sign is a specific attempt to fit in with the local area and view. Therefore, spending taxpayers' money to impose and enforce regulations upon those not represented in the governing body would seem to be insensitive as well as un-American.

This rather absurd case is an example of how those that sanction the "doughnut" think. This writer observed Rep. Jopek urge the City Council to adopt the Critical Land Ordinance with the "doughnut" intact. And so this writer (full disclaimer hereā€¦ this writer is also a member of the Whitefish Community Church congregation) would reply the same way General McAuliffe did to the German demand for his surrender at Bastogne during the Battle of the Bulge: "NUTS!"

John Fuller is a teacher at Flathead High School, a former member of the Montana State Board of Public Education and the Republican candidate for House of Representatives District 4.