District court judge enters injunction for so-called doughnut area

Flathead County District Court Judge Katherine Curtis has ordered a preliminary injunction stopping Flathead County from taking any further planning or zoning action in Whitefish’s so-called “doughnut” area.

The Montana Supreme Court on Dec. 23 reversed Curtis’ May 1 order in the city’s lawsuit against the county. The city is seeking to retain its two-mile planning and zoning jurisdiction, and the supreme court ordered her to enter the preliminary injunction.

But the question of when the preliminary injunction goes into effect remains.

In her Jan. 13 order, Curtis stopped the county “from taking any action in furtherance” of their March 13 resolution that unilaterally rescinded the interlocal agreement that created the “doughnut” area.

She then instructed the city and county to file briefs stating their positions on whether the preliminary injunction ordered by the supreme court should restore the status quo that existed before March 13 or maintain the status quo from Dec. 23 onwards.

The county took a number of steps toward reclaiming authority over planning and zoning in the “doughnut” area since the commissioners voted 2-1 to rescind the interlocal agreement.

The county’s growth policy was amended, and county planners began accepting planning requests from lands in the “doughnut” area with county-zoning designations. The commissioners were scheduled to consider changing all land with city-zoning designations to county-zoning on Jan. 13 but canceled the public hearing.

Alan McCormick is the attorney representing Flathead County, and city attorney John Phelps is representing Whitefish.