Carbon County landowners file Supreme Court brief

Beartooth Front viewed from the Silvertip Zone. Click to read landowners Supreme Court brief

Beartooth Front viewed from the Silvertip Zone. Click to read landowners Supreme Court brief

The plaintiffs in the Carbon County lawsuit over citizen initiated zoning filed their brief in Montana Supreme Court last week. This is the latest step in a process that should be decided in 2016.

You can read the brief by clicking the graphic on the right.

Case background
In 2014, a group of Belfry landowners petitioned the Carbon County Commissioners to grant the protections of citizen-initiated zoning after Energy Corporation of America announced plans in October 2013 to hydraulically fracture 50 wells along the Beartooth Front, an area that includes Carbon and Stillwater counties in Montana and forms the northeastern flank of the greater Yellowstone ecosystem. Mork boasted that ECA hoped to bring “a little bit of the Bakken” to the Beartooths.

The group sought to establish the Silvertip Zoning District, which would include nearly 3,000 acres of agricultural land north of Belfry. Montana law empowers landowners to initiate the development of zoning regulations for the protection of their land and community by petitioning their county commissioners to establish planning and zoning districts.

After initially approving the district, the Commissioners last January voted to deny the zone. The Commission’s rejection was based on the opposition of certain neighboring landowners under a provision of the law that the plaintiffs argue is unconstitutional.

In February of this year, the petitioners filed a legal challenge to the Carbon County Commission’s decision to reject their petition.  In a narrow ruling, Judge Blair Jones on July 8 dismissed the lawsuit without ruling on the merits of the landowners’ legal challenge.

In August, the Silvertip landowners appealed Judge Jones’ ruling to the Montana Supreme Court.

Silvertip landowners argument
In the brief, the petitioners argue that:

  1. The District Court ruled improperly in saying that the Carbon County Commissioners had no ability to waive their own procedural requirements for the submission of citizen-initiated zoning, even though the Commissioners admitted that those requirements were burdensome, and that waiving the procedure would not be unfair to anyone.
  2. The protest provision in Montana code MCA § 76-2-101(5) violates the Montana Constitution by allowing private individuals to veto county commissioners’ approval of citizen zlning proposals without any justification or opportunity for the commissioners to review.
  3. The Carbon County Commissioners’ reliance on the protest provision makes their decision unlawful.

What happens next
The Carbon County Commissioners have 30 days to file their response to the brief. We will keep you updated.

Related
Citizen initiated zoning: a way to restore fairness to oil and gas drilling in Montana
Frequently Asked Questions about the Silvertip citizen-initiated zone
Exciting news from Carbon County: Commissioners move forward on Silvertip Zone
Unbelievable. Carbon County Commissioners defy will of majority to deny Silvertip Zone
Commissioners action in denying Silvertip Zone clearly illegal
Why Silvertip landowners filed suit against the Carbon County Commissioners
Breaking: Decision in Silvertip Zone case
(includes timeline of events)
Judge Blair Jones’ ruling in District Court

 

About davidjkatz

The Moses family has lived on the Stillwater River since 1974, when George and Lucile Moses retired and moved to the Beehive from the Twin Cities. They’re gone now, but their four daughters (pictured at left, on the Beehive) and their families continue to spend time there, and have grown to love the area. This blog started as an email chain to keep the family informed about the threat of increased fracking activity in the area, but the desire to inform and get involved led to the creation of this blog.
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One Response to Carbon County landowners file Supreme Court brief

  1. Pingback: Silvertip landowners’ Supreme Court case receives boost from University of Montana amicus brief | Preserve the Beartooth Front

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