Judge OK's gated community in Whitefish

A Whitefish subdivision will be allowed to close its roads to the public despite the city’s efforts to prohibit gated communities.

Flathead District Court Judge Robert Allison handed down a decision July 16 that says Grouse Mountain Estates can install gates across its roads and that a recent resolution by Whitefish City Council banning gated streets doesn’t apply to the mountain-top subdivision.

Grouse Mountain Estates Homeowners Association filed a lawsuit last year against the city claiming that roads within the estate are private and can be closed to the public.

The lawsuit challenged city council’s resolution that strengthens the city’s policy on gated communities and amends city engineering standards to specifically prohibit gated subdivisions with private roads.

Grouse Mountain Estates includes homes that are served by Mountainside Drive and Grouse Ridge Drive.

The tussle came about after the subdivision installed temporary gates during construction on Highway 93 West to keep drivers from using Mountainside as a cut-across.

Later, the association decided to install permanent gates on opposite ends of Mountainside and applied to the city for a permit, but was advised one wasn’t need. They then spent $11,700 on new gates and began installation.

But city manager Chuck Stearns called the homeowners association president to discourage him from installing the gates. Council later approved the resolution banning gated streets.

Grouse Estates argued that gates are allowed on the roads based on the 1997 final plat for the subdivision that certified that roads within the subdivision are private and exclusive.

“Having no legal authority to prevent the installation of gates, the city attempted to create its own authority by passing [the resolution],” their complaint states.

While the city argued that the plat doesn’t allow gates, in his decision Allison counters that the plat never specified how the subdivision can or can’t close its roads.

“Nowhere in the final plat are gates disallowed,” Allison wrote. “This leaves the manner of closing off the road to the discretion of [the subdivision.]”

Allison said the city made a bargain with Grouse when approving the final plat that the roads could be private and closed to traffic.

“Presumable the city entered into this bargain because if the subdivision’s roads are private the city is not responsible for their maintenance,” Allison wrote. “The city must now stand by the terms of the final plate that it approved.”