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Flathead County has entered into an unprecedented tentative settlement agreement (Click Here) for a potential amount of $3 million dollars with developers of the NorthShore Ranch Subdivision as a result of a lawsuit brought against the county by these developers. The recent news announcement (click here) came as a total surprise to everyone!  This tentative settlement agreement was the result of nonpublic/secret settlement meetings, so secret it is not known for sure who was part of these meetings. Shock and outrage were the emotions that quickly followed when it was made clear that the county’s justification for entering into this decision would also be kept secret and parties on both sides, the Inter Lake reported, would not be allowed to comment on any aspect of the agreement prior to a public hearing scheduled for Monday, March 1st at 9am at the County Commissioner’s hearing room.  

It is time to Say No Deal Without Transparency. The County had an extensive record of decision on which to base their denial of this subdivision (click here to view the Commissioner’s Letter Denial for North Shore Ranch).  Under Montana law MCA 76-3-625 a developer that sues over denial of a subdivision has the burden of showing that “a final action, decision, or order of the governing body or a regulation adopted pursuant to this chapter that is arbitrary or capricious”. It appears that in numerous Montana court cases it has been found that a very high standard of proof is needed to establish that a subdivision denial is “arbitrary or capricious,” though this should be the subject of professional legal analysis.

 This settlement agreement is not a done deal. The county can reject it, according to the settlement conference report (click here) which clearly states  “the settlement is contingent upon final approval of the Flathead County Commissioners after public hearing”.  In fact the court ordered schedule for review of this case (click here to review) by the judge calls for both parties to submit documents laying out the facts of the case for the judge to review and issue a ruling as to the merit of the law suit the developers have brought prior to holding settlement talks.

Please plan to attend Monday’s hearing at

Additionally, the new proposed subdivision for North Shore Ranch, which is being made part of the proposed settlement agreement, has many of the same issues/problems raised in the original application as well as potentially new ones given the changes proposed. The county has a duty to protect the health, safety, and welfare of future residents of this subdivision.  The county should also protect itself from future suits should future residents of this subdivision choose to sue based on allowing this subdivision to be built without the review required by the Montana Subdivision Act.