Montana
Montana SupCo Affirms Decision to Shutter Whistle Stop Retreat – Flathead Beacon
The Montana Supreme Court in a decision earlier this month upheld a Flathead County District Court ruling that shuttered a property on the west shore of Lake Five, known as the Whistle Stop Retreat, in 2022.
The latest decision in the lawsuit, first filed in 2020, affirmed the district court’s ruling that Flathead County erroneously granted a Major Land-Use Permit for a guest cabin development off Grizzly Spur Road in West Glacier.
“The County abused its discretion by failing to consider the restrictive easements on Grizzly Spur Road as required,” according to the opinion.
The 23.1-acre lakeshore property, owned by Susan Dietz and operated as G&M Trust, has several buildings spread across two tracts of land, including a single-family home, three guest cabins, a replica train caboose and fire watchtower. The retreat was operated as a short-term rental business, with several buildings listed on AirBnB.
Dietz requested the permit to construct a barn with living quarters, a pavilion and several additional guest rental cabins. Despite the Middle Canyon Land Use Advisory Committee recommendation that the permit be denied due to concerns over legal access to the property, the Flathead County planning board and county commission approved the application.
A nonprofit group, Friends of Lake Five Inc. (FLFI), sued the county in district court alleging the permit was in violation of Montana Administrative Procedure Act, the Montana Subdivision and Platting Act, the Montana Lakeshore Protection Act and the Montana Constitution. The neighborhood group noted that several buildings on the property had already been constructed or renovated without proper permitting, and easement restrictions on the access road prevented commercial use of the land.
A primary point of contention with the permit revolved around whether Grizzly Spur Road provided legal access for nonresidents to use the property. Under the Canyon Area Land Use Regulatory System (CALURS), which regulates land use near West Glacier, the County Commission must consider whether developments comply with all access and road standards. Grizzly Spur Road is subject to several private easements dating back to the 1990s which limit access to residential use.
Dietz argued, however, that a 2019 amendment to CALURS redefined “residential use” to include short-term rentals, therefore allowing her to continue to operate Whistle Stop Retreat. The district court disagreed, stating “G&M provides no evidence or argument that would indicate that the drafters of the 1997 easement agreements understood the term “residential” to include short-term rentals,” and that under CALURS, “the provision setting the greater restriction or higher standard shall apply.”
District Court Judge Amy Eddy revoked the permit in a March 2022 ruling, which Dietz subsequently appealed to the Montana Supreme Court.
In addition to revoking the permit, Eddy granted a permanent injunction preventing any future construction or expansion of the property, any commercial use including overnight resort accommodations without “obtaining legal access and compliance” with state and local regulation, and required Dietz to restore the property to its “previous unaltered condition.”
In their opinion, the Montana Supreme Court affirmed Eddy’s order revoking the permit, granting the permanent injunction and awarding attorneys’ fees. However, the court reversed the requirement that G&M Trust restore the property to its previous unaltered condition.
“Although the District Court was correct in its determination that the G&M Property may not be used for commercial purposes, the authority upon which the District Court relied for ordering restoration of the property to its original condition is not readily apparent … Accordingly, we hold that the District Court erred,” according to the opinion.
The attorneys’ fees and general costs Dietz owes FLFI amount to $43,053 and $1,878, respectively, according to court filings. Flathead County settled with FLFI over attorneys fees in May 2022, paying the group $47,000.
Montana
Public Meeting at Hub on Smith Concerning Montana Water Call Prompting Priority Administration in Tongue Basin
Wyoming State Engineer Brandon Gebhart announced that on May 5, 2026, the State of Montana placed a call under Article V(A) of the Yellowstone River Compact to fill Tongue River Reservoir in Montana. As a result, priority administration is in effect on post-1950 water rights in Wyoming that divert water from the Tongue River and its tributaries and are not excluded from the compact.
A public meeting will be held from 5:30 to 6:30 p.m. Monday, May 18, in the dining room of The Hub on Smith. Attendees are asked to enter on the north side of the building.
The Tongue River Basin has been experiencing drought conditions over the past year with historically low winter snowpack and streamflow conditions. According to the release, those conditions led to Montana’s interstate call and prompted the administration of the Tongue River Basin in Wyoming.
The priority administration will affect post-1950 water rights within the Tongue River Basin, including reservoir storage, stream diversions and groundwater withdrawals, all of which affect river flows. Post-1950 water rights will be regulated off or prevented from turning on. Wyoming hydrographer-commissioners will continue to administer reservoir storage and post-1950 diversions throughout the spring and work with affected water users until the administration is lifted.
As provided in the compact, domestic uses less than one-half acre in area and livestock uses, including stock reservoirs less than 20 acre-feet in capacity, are excluded from this administration. The release noted these excluded rights could be subject to future regulation to satisfy priority calls by senior Wyoming water rights.
Beginning May 5, 2026, Wyoming hydrographer-commissioners have worked to record the current storage levels of reservoirs with post-1950 water rights. Going forward, those reservoirs can continue to accrue storage so long as post-1950 storage gained after the interstate call on May 5 remains in storage until either the water is released to satisfy the Montana call or Montana lifts the call because Tongue River Reservoir will fill.
Reservoirs with unfulfilled pre-1950 water rights can continue to store water and that storage will not be subject to release to satisfy Montana’s call. However, that storage and other direct flow rights could be subject to regulation to satisfy priority calls by senior Wyoming water rights.
The priority administration will be carried out pursuant to state law by hydrographer-commissioners assigned to various portions of the Tongue River Basin, working under the direction of Division II Superintendent David Schroeder.
The Wyoming State Engineer’s Office can be contacted at:
Jack Morey, deputy state engineer, 307-777-5032, jack.morey2@wyo.gov
David Schroeder, Division II superintendent, 307-674-7012, d.schroeder@wyo.gov
Jeff Cowley, interstate streams administrator, 307-777-1942, jeff.cowley@wyo.gov
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at May 12, 2026, results for each game:
Winning Mega Millions numbers from May 12 drawing
17-32-35-40-47, Mega Ball: 17
Check Mega Millions payouts and previous drawings here.
Winning Big Sky Bonus numbers from May 12 drawing
04-12-17-24, Bonus: 11
Check Big Sky Bonus payouts and previous drawings here.
Winning Millionaire for Life numbers from May 12 drawing
19-21-35-38-53, Bonus: 01
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
The Montana Highway Patrol hosts the Law Enforcement Appreciation Poster Contest every year. This year was the 5th annual contest, where kids all over the state submitted works of art to honor law enforcement officers.
Montana Attorney General Austin Knudsen announced the seven winners, for seven districts, late Monday, May 11.
The District One winner was Brooke Murphy, a fifth-grade student at Missoula Hellgate Elementary School.
Murphy’s wonderful, winning artwork!. Credit: Brooke Murphy & the Montana Attorney General’s Office.
“I appreciate law enforcement. They help us no matter what,” Murphy said in a statement from Knudsen’s office.
“It’s important to instill in young Montanans that this is a state that ‘Backs the Blue.’ Knowing they have the support of the community can make a world of difference to law enforcement officers, and these posters are a visual reminder that Montanans have their backs,” Knudsen said in a press release.
READ MORE: Popular Instagram Page Spotlights This Rustic Montana Roadhouse
Knudsen, Highway Patrol Colonel Kurt Sager, and a representative with Stockman Bank celebrated with Brooke and her class.
Credit: Office of Montana Attorney General Austin Knudsen
It’s nice to win, but even nicer to receive the $750 courtesy of Stockman Bank and an ice cream party for the whole class to celebrate.
READ MORE: Watch a Bear and a Wolf Battle Over Dinner At Yellowstone National Park
Brooke was also named the statewide winner.
Here were the other district winners:
District Two: Payson Wittmer, of Great Falls
District Four: Madison Turner, of Huntley
District Five: Jacob Baisch, of Glendive
District Six: Ainsley Robinson, of Ronan
District Seven: Finley Roney, of Livingston
Congrats to all the winners!
Every Concert At Washington-Grizzly Stadium
May Missoula Concerts
Gallery Credit: Ace Sauerwein
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