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.
MISSOULA — Sam Forstag edged out Ryan Busse to secure the Democratic nomination in Montana’s 1st Congressional District.
Busse conceded the race to Forstag on Wednesday morning. Forstag had trailed behind Busse Tuesday evening, but he made up ground as the votes were counted into the early hours of Wednesday morning. The other two candidates in the race, Russl Cleveland and Matt Rains, are sitting at third and fourth, respectively.
Forstag leads in close race for Montana’s 1st Congressional District
Forstag spent eight years as a wildland firefighter, including four as a smokejumper, and he’s been vice president of the local National Federation of Federal Employees union. Last week, U.S. House of Representative Alexandria Ocasio-Cortez, D-New York, held a rally in Missoula to support Forstag’s campaign.
He told MTN on Tuesday that his campaign has been for the working class.
“We got a whole lot of people here that have been working their tail off to finally get some working-class representation in Washington,” Forstag noted. “So proud of everything we’ve done and so grateful.”
Forstag further noted he wants Montanans to be able to afford groceries, have universal free childcare and restore and expand Affordable Health Care Act subsidies.
“Hearing people’s stories and struggles and commonalities in the ways that we’re all fighting in the system that does not serve us so often, and the government serves corporations and the richest people in this country more than working people. It has been frustrating and saddening, but it has also inspired so much hope in me, like the fixes we can actually make,” he told MTN.
The 1st Congressional District covers much of western Montana, including Kalispell, Missoula, Butte and Bozeman. It is currently held by Rep. Ryan Zinke, R-Montana, who chose not to seek reelection.
By securing the nomination, Forstag is slated tol face off against Libertarian candidate Nick Sheedy and Republican candidate Aaron Flint in November.
Brian Miller won the Democratic primary Tuesday for the U.S. House seat in Montana’s eastern district.
The Associated Press called the race for Miller, an attorney in Helena, who fended off a challenge from state Sen. Jonathan Windy Boy, a longtime legislator from Box Elder, and Sam Lux, a farrier from Great Falls.
In the Republican and rural eastern district, any Democrat will be an underdog, and Miller will face off against incumbent Republican U.S. Rep. Troy Downing, who was unopposed Tuesday.
Libertarian Patrick McCracken is also running.
In the primary, Miller took 58% of the vote. Lux took 27% and Windy Boy took 16%, according to the Montana Secretary of State’s website.
In April, Windy Boy paused his campaign amid “serious sexual abuse” allegations raised by the Montana Democratic Party — but Windy Boy restarted his campaign and later called the allegations “political attacks.”
Miller is representing the victim of the alleged abuse and her mother, although he said he didn’t take on the role until after Windy Boy initially suspended his campaign.
The Western Montana Food and Farm Trail, a new agritourism initiative led by Farm Connect Montana, launches May 30, offering locals and visitors a new kind of food and farm adventure across Western Montana.
Running June 1 through October 31, the self-guided Trail spans more than 200 miles and features more than 100 farms, ranches, farmers markets, restaurants, breweries and food businesses across the Missoula, Bitterroot, Flathead and Mission Valleys. Along the way, participants are invited to meet growers and makers, taste what’s in season and experience the culture and care behind Western Montana’s local food community.
At the center of the experience is the passport-style Trail Field Guide, illustrated by Missoula-based artist Courtney Blazon. The guide features illustrated maps, curated itineraries, seasonal highlights and more than 100 local food destinations throughout the region. The guide also includes more than $130 in special offers from participating farms and businesses.
Participants can collect stamps at Trail stops along the way to qualify for prizes, giveaways, or simply as a way to document their journey. End-of-season prizes include raffles for three CSA memberships valued at over $600 each, as well as local food and farm gift certificates, product bundles and Courtney Blazon-designed market totes.
The Trail is a regional collaboration led by Farm Connect Montana in partnership with Land to Hand Montana, The O’Hara Commons and Sustainability Center and Abundant Montana, organizations working to strengthen local food systems across Western Montana. The project aims to support local farms and food businesses through expanded visibility and agritourism opportunities while reconnecting locals and visitors with the people, places and stories behind their food.
“In creating the Western Montana Food & Farm Trail, we hope to inspire both residents and travelers to discover the stories behind their food and connect with the people cultivating a more vibrant, resilient and locally rooted food community,” said Bonnie Buckingham, Executive Director of Farm Connect Montana. “Participation in the Trail is a win for everyone. It creates new opportunities for farms and local food businesses to reach wider audiences while encouraging participants to explore new places, support local producers and experience Western Montana in a more meaningful way.”
“Land to Hand is thrilled to partner with Farm Connect on the Food and Farm Trail to highlight the robust agricultural heritage of Western Montana,” said Gretchen Boyer, Executive Director of Land to Hand Montana. “This initiative is more than just a guide – it’s an invitation to celebrate and support the local farmers who nourish our communities every day. By connecting residents and visitors directly to the source, we’re strengthening our local food system and honoring the people and landscapes that sustain the Flathead Valley.”
To celebrate the launch, regional Trail launch parties will take place in Missoula, the Bitterroot Valley and the Flathead Valley throughout early June, featuring Field Guide distribution, local food vendors, giveaways and opportunities to learn more about the Trail.
Trail Field Guides ($10) will be available for purchase beginning May 30 both online and at participating businesses, farmers markets and community locations throughout the region. A full list of Field Guide purchase locations and details, as well as a digital map and Trail listings, special events and more information is available at farmconnectmontana.org/trail.
Funding for this project was made possible through the U.S. Department of Agriculture’s Agricultural Marketing Service.
Regional launch events
• Missoula Launch Party — LaLonde Ranch, Sun., June 7, 1-4 p.m.
• Bitterroot Launch Party — O’Hara Commons Market, Wed., June 10, 4-6 p.m.
• Flathead Launch Party — Backslope Brewing, Tue., June 16, 4-7:30 p.m.
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