Judge rules for developer, county in Chain of Lakes suit

Yahoo

14-03-2025

Mar. 14—It appears there is one less obstacle to a developer's plans to build a RV park at Happy's Inn following a recent court ruling in Lincoln County.
District Judge Matt Cuffe ruled in favor March 4 of the county Board of Commissioners and Parks Family Real Estate.
Parks Family Real Estate and Happy's RV Park wants to build a 21-acre park which would include 69 recreational vehicle sites and 20 tent sites. The park would be located just north of U.S. 2 across from Happy's Inn.
The Board of Commissioners voted to approve a preliminary plat for the proposed RV park in September 2022.
Kris Cole of Parks Family Real Estate said he was happy with the ruling and the support of the community.
"We're still waiting on (Montana) DEQ and they (Thompson Chain of Lakes Stewardship Coalition) could appeal the judge's ruling, but we have no plans to change our plans for the park," Cole said in a Tuesday phone interview with The Western News. "We really appreciate the support we've received from the community."
Cole said things are also looking good in terms of the degradation permit application that is needed for the installation of a septic system.
"We don't have a time line for when work begins and ends, but we're five years into it and we're not giving up," Cole said. "It's a very stringent process to get approval and we'll look forward to that."
The coalition was formed in the summer of 2022 partially in response to the proposed commercial development.
Coalition Chair Karen Wickersham spoke to The Western News about Judge Cuffe's ruling.
"We are disappointed by the verdict, yet we remain committed to the Thompson Chain of Lakes Neighborhood Plan, which we believe is relevant," Wickersham said. "The Neighborhood Plan was developed over a three-year collaborative process that engaged a broad range of participants, including property owners, businesses and various other stakeholder groups.
"The plan establishes a shared community vision for the Thompson Chain of Lakes' future growth. It was approved by the county commissioners and incorporated into the Lincoln County Growth Policy in 2010. Our group stands by the plan and we are exploring our legal options," Wickersham said.
Opponents of the RV park are primarily concerned about its proximity to several spring-fed waterways on the Thompson Chain of Lakes. The group said the RV park is allowed to use up to 207,000 gallons of water per month with subsequent wastewater output. The group says this quantity will put homeowner's wells and lake levels at risk.
Cuffe heard arguments from attorneys representing both factions in December 2023. David K.W. Wilson, Jr. and Robert Farris-Olsen of the Helena firm Morrison, Sherwood, Wilson & Deola, argued for the Chain of Lakes Coalition.
In the argument for the coalition, Wilson talked then about the county adopting the Thompson Chain of Lakes Neighborhood Plan in 2010 with a goal of maintaining the natural resource values of the area.
"While the growth plan is not a regulatory document, the planners decided that RV parks shouldn't be located where it is proposed," Wilson said at the 2023 hearing. "We don't think Lincoln County gets off the hook because it didn't implement zoning in the area."
Those responsible for the 2010 Neighborhood Plan said, "maintaining the water quality of lakes, streams and wetlands is important. Many of the lakes are recharged through groundwater flows and wetland. Most of the lake shorelines, other than Crystal, Lavon and Bootjack lakes and the upper lobe of Upper Thompson, have very little shoreline development. The natural shorelines and well-vegetated character of the area help maintain good water supply."
At the December 2023 hearing, Alan F. McCormick of Missoula-based Garlington, Lohn and Robinson and Angela LeDuc of Kalispell-based Rocky Mountain Law Partners spoke for the county and the developer.
"In terms of the septic permits, the commissioners may have given their approval, but DEQ (Montana Department of Environmental Quality) still has to issue or deny the permit," McCormick said. "The county is only obligated to take public comment and submit it to the DEQ."
He also argued that local governments are prohibited from denying development based, "solely on non-compliance with a growth policy because zoning hasn't been implemented."
Among others in his ruling, Cuffe cited the fact that no allegations were made that the proposed RV park does not comply with the design standards in the county's subdivision regulations.
Cuffe also mentioned the county Planning Department's unanimous vote to recommend commissioners grant preliminary plat approval.
He also wrote that the Neighborhood Plan, which began its formation in 2005 by the Chain of Lakes Homeowner's Association in partnership with Plum Creek Timber Co., Lincoln Co., Montana Fish, Wildlife and Parks and Fisher River Valley Fire Rescue, states it is a "guide to use and development, as opposed to a regulatory document."
Cuffe also determined that the Chain of Lakes Stewardship Coalition's right to be heard and participate was not violated.
Many involved on either side of the matter cited concern for highway traffic speed in the area. The county sought a reduction from 70 miles per hour to 45 mph in the area from Crystal Lake Road to east of West Camp Road on U.S. 2.
But a 2023 Montana Department of Transportation study determined a decrease was not necessary. DOT officials cited a review of crashes from 2012-2021 with 34, including 13 with injuries and no fatal crashes. The study also said the highway was operating at 4% capacity.
MDT did suggest Happy's Inn should contact it and acquire permitting for temporary speed reductions during large events. Happy's Inn does utilize large signs during events to alert drivers.