A coalition of homeowners has filed a lawsuit that challenges the constitutionality of four laws passed by this year’s legislature; SB382, SB245, SB323, and SB528.
The suit takes particular issue with SB 382, the Montana Land Use Planning Act, stating that its changes to the public review process “is in violation of both the letter and the spirit of Montana’s public participation constitutional requirement and must be declared unconstitutional.”
Stock Drone view of the Montana State Capitol, in Helena
Senate Bill 382, or the Montana Land Use Planning Act, requires a growth policy for any city of over 5,000 people in a county of over 70,000 people. That currently includes ten cities: Bozeman, Helena, Billings, Great Falls, Missoula, Kalispell, Columbia Falls, Whitefish, Belgrade and Laurel.
SB 382, which was signed into law in May, is a 53-page law, which significantly changes how developments are approved. Under the new law, the local government is to emphasize public participation and comment during the creation or updating of its growth policy. The law further stipulates that once growth policy or regulations are adopted, review of site-specific developments are to occur at the city staff level, with very limited public comment or participation, if any.
These changes in the participation process have caused concern for many opponents of the law. Namely, cutting the public out of the land use decision-making process (except on appeal) may violate citizens’ right to procedural due process found in the 14th amendment to the U.S. Constitution as well as the right to participate in governmental decisions set forth in the Montana Constitution.
This lawsuit may have implications to the current Whitefish Growth Policy Update and we will continue to monitor and provide updates as they unfold.
4/17/2024 Update: FFRG filed Amicus Curiae Brief
On 4/1/2024 FFRG filed an Amicus Curiae “friend of the court” brief with the Montana Supreme Court in support of the MAID plaintiffs. We felt compelled to speak up and are deeply concerned about the long-term impacts of these legislative changes on housing affordability, community engagement, and local autonomy. Our organization firmly believes that empowering communities to participate in decision-making processes and preserving local control are essential for sustainable and inclusive growth.
Several other organizations and individuals have also filed Amicus briefs in support of the MAID plaintiffs. You can read all of the briefs and court documents on the Montana Supreme Court Docket
We will continue to provide updates on this case as they become available.
We cannot stress
this enough:
the Whitefish Growth Policy is an extremely big deal, and your participation is paramount and much appreciated.
Important
These laws being challenged especially SB382 directly impact all of us and we will continue to provide any updates when possible.
If you have questions please reach out to us at :