- Beartooth landowners victorious in lawsuit against Stillwater County
- PLEASE NOTE: Change in Zoom access code for today’s hearing
- Action alert: Watch court hearing on Zoom, Thursday, 2:00 pm
- Action alert: Stillwater County Planning Board meeting, Wed, 9/4, 7pm
- Must attend! Stillwater County Planning Board: Wednesday, August 7, 7pm
Click to see the Preserve the Beartooth Front video
Tag Archives: Stillwater County Commissioners
In a long-awaited decision, District Judge Matthew Wald ruled yesterday in favor of Beartooth Front landowners in their suit against Stillwater County. The landowners are seeking to establish a citizen-initiated zone that would place reasonable regulation on future oil and gas drilling along the Beartooth Front in southern Stillwater County.
Judge Wald granted the landowners’ request for summary judgment against the County, and denied the County’s motion. In doing so, he ruled unambiguously that the County was not justified in requiring the landowners to obtain signatures from minerals owners in addition to surface landowners. His ruling also stated that the County had set up an unworkable method of evaluating the landowners’ petitions that was in violation of the County’s own rules.
County Commissioners will be held at the County Courthouse in Columbus at2:00 pm on Thursday, May 14.
Because of coronavirus restrictions, the hearing will be held live on Zoom. In person attendance is not allowed.
To access the meeting on Zoom: Continue reading
There were continued positive developments in June in the Stillwater landowners’ attempts to establish a zoning district that will regulate oil and gas activity in southern Stillwater County. At the June meeting of the Planning Board, the Board voted to … Continue reading
Action alert: New developments in landowner lawsuit against Stillwater County; what you can do to help
A district court hearing in the Beartooth Front landowners’ suit against the Stillwater County Commissioners, originally scheduled for May 23, was postponed by mutual agreement of the parties. The reason for the postponement was a positive development in discussions between the landowners and the Commissioners.
The two sides agreed that the landowners would propose a county-inititiated zone to the Stillwater Planning Commission on June 5. If the Planning Commission recommends forming the zone, which would regulate oil and gas activity along the Beartooth Front, and the Commissioners approve it, the lawsuit would become unnecessary.
If the zone is not formed, the lawsuit will continue.
You can provide critical support by attending the Planning Commission meeting and speaking up to show that residents are behind the landowners’ efforts. Read the post to find out more, and forward this post to others who you think might attend. Continue reading
Stillwater County landowner lawsuit update: County runs out the clock on Judge Jones; hearing set for January 16
In the three months since my last update on the Beartooth Front landowners’ lawsuit against the Stillwater County Commissioners, the Commissioners have carefully followed a familiar path — delay, delay, delay. The result is that a new judge will have to hear the case, likely resulting in more delays down the road.
The landowners filed the suit last February after the Commissioners denied a petition to set up a citizen-initated zone to regulate oil and gas drilling in southern Stillwater County. The Commissioners ruled that the petition did not qualify, even though it met the legal requirement of the signatures of 60% of the landowners in the proposed zone. According to the Commissioners, the petitioners needed the signatures of 60% of the minerals owners in the proposed zone in addition to the landowners.
Delays are nothing new in this case. The landowners originally submitted their petition in November, 2015, and the County has taken every opportunity to avoid complying with the law and granting the petition, which would put reasonable regulations on drilling, not ban it.
This is a request for action from those of you in Stillwater County. The County is in the process of updating its growth plan, last updated in 2007. They have done a poor job of soliciting input from the public, and the current draft of the plan is inadequate in many areas.
Comments are due no later than THURSDAY, NOVEMBER 22, so please act quickly. Continue reading
Beartooth Front landowners last week filed the critical brief in their lawsuit against the Stillwater County Commissioners. It outlines their argument for why landowners alone, without the approval of minerals owners, should be able to establish a citizen-initiated zoning district. The argument lies at the heart of a central tension in Montana law: the self-determination of landowners to decide what happens on their own property vs. the importance of mineral extraction to the state economy.
Assuming there are no extensions, the County will have 21 days to respond, and then the landowners will have 14 days to reply. That will put the end of briefings in early October. Our attorney has asked for a hearing on the motion, and we are hopeful that Judge Jones will conduct the hearing and issue a ruling on our motion before the end of the year.
To read more, click the link.
This op ed appeared in the Stillwater County News on August 23, 2018.
“The Commissioners aren’t doing their jobs. Instead of trying to make new law on behalf of the oil and gas industry, what they should be doing is working with Stillwater landowners to protect the Beartooth Front.” Continue reading
Judge Blair Jones issued his first ruling today in the lawsuit Beartooth Front Coalition et al. vs. Board of Commissioners, Stillwater County. He ruled in favor of the landowners, denying the County’s motion for a summary judgment in their favor.
To find out more and read Judge Jones’ ruling, click the link. Continue reading
There was a familiar look to the gallery at the hearing Thursday in the Stillwater County Courthouse in Columbus. In the case of Beartooth Front Coalition et al vs. Stillwater County Commissioners, there were, by my count, 56 people there in support of the Beartooth Front Coalition, which is suing Stillwater County to establish a citizen-initiated zone to regulate land use related to oil and gas along the Beartooth Front.
They were easy to identify. They all knew each other. They are neighbors in southern Stillwater County, many from families that have been there for generations, who signed a petition to establish the zone. They greeted each other by name, offered encouragement, expressed resolve to be successful in the suit.
To find out what happened at the hearing (with photo), click the link. Continue reading