Skinner has nailed it.  The “cowboy” attitude of local governments concerning its land use regulations has led county taxpayers down a dangerous path.  Don’t believe me?  Read the depositions now posted on the county’s website concerning the North Shore Ranch subdivision lawsuit.  you will read about a web of lies, deception and arrogance being spun at the highest levels of local government that would embarrass the most backwater Louisiana Parrish run by Boss Hog!  And this is just one example among many over the past several years, of what happens when local governments consider themselves to be above the law.  Or, in the words of of the Flathead county attorney’s office responding to allegations of illegal or criminal activities being committed by planning office directer Jeff Harris and planning office personel:  “There is no actionable duty by Harris, or other public employees, to provide honest government services.”  When the County Attorney, arguably the highest judicial authority in the county say’s that county employees don’t have to be honest, is it any wonder that we taxpayers are put at risk to the tune of $15 million dollars, or that as property owners the only recognized “Right” that we enjoy is the “Right” to obey the demands of the county’s planning bureaucrats?  Fortunately, this is an election year.  Fortunately, when the politicians and courts fail us, as property owners we can take our property rights back.  APRIL 13…“LIGHT THE TORCH 2010”...The future of Flathead County “Planning” is coming…

For sure Mr. Skinner does nail it in his article. Every time the commissioners, planning office, etc. step outside their legal boundaries they cost us a bunch of money. I strongly object to the arrogance of using government to bully a citizen’s legitimate rights no matter whether it is civil rights or property rights. Illegal actions on the part of county government is wrong no matter what area of rights are being tromped on. As Mr. Skinner is pointing out it is time to do something about it because these people are wasting our taxpayer money.

Can’t the county get insurance against these kind of faux paus??  Or shouldn’t the elected official themselves have some culpability and therefore be required to carry professional liability insurnace.  It was in a different state, but as a command-level officer for a fire department, I carried personal insurance for liability.  Lawyers have found ways to pierce the corporate and government veil.

It OUGHT to be criminal for an elected or appointed official to behave negligently at taxpayer’s cost.

Excellent article Mr. Skinner.  Thanks for loudly ringing the alarm of malfeasance!!!  Let’s hope our collective voices produce significant accountability for these obvious wrongdoings!

So left me add another sidebar to the scenario:

If the county has now agreed to build and maintain the roads of North Shore, I bet here comes the law suits under “equal protection” for the hundreds of other subdivisions the county already approved where the county refused the ROADS: either to build, maintain or both.

Why should North Shore developers get roads at county expense and the others not?

Ah, some nice men up to their neck in concrete are going to show up.

Property owners and voters in Flathead County… BEWARE.
  Mr. Crowder and his cronies would have ZERO planning in Flathead County.  Is that really what you want???  Sure… you can do anything you want with YOUR property (to heck with your neighbors) -  but then, so can every neighbor around you.  So your nice, peaceful retreat in the beauty of Montana with abundent wildlife and views could be surrounded by—- a condo development or mobile home park with hundreds of units and the traffic that goes with it, a bar &/or casino and the potential disturbance / behavior issues that go with it, a storage unit, a bowling hall, a pig farm, a shooting range… let your imagination run with the possibilities.  In other words, there are no rules and no consideration of one neighbor for another or for a community as a whole.  I ask again, is this what you really want? 
    BEWARE…  and watch out for any initiative that tries to do away with the County Planning Dept., Growth Policy, Neighborhood Plans, Zoning or any kind of land use planning…..  Protect this beautiful area from merciless, greedy development.
  Then, consider the source.  Continuous one or two sentence quotes that are given totally out of context, such as the one about honesty of county employees.  Lawsuits filed by his “cronies” that usually do not prevail because there is no evidence or proof.  Invoking an investigation of the County and then calling it a sham because the outcome did not support the allegations he and his supporters made.  Letters to the editor about “a smoking gun” in the Daily Inter Lake where Mr. Crowder asks a bunch of insinuating QUESTIONS with absolutely no evidence to back them up—and by the way, the reason he uses QUESTIONS is so he can’t be sued for libel, which he could be if he were to make STATEMENTS—  Are you REALLY ready to be fooled and taken in by these tactics.
    I submit that Mr. Crowder and his supporters hold the “smoking gun” loaded with blanks, not the county.  Whatever he is planning for April 13 is likely to be rife with unsupported and likely false QUESTIONS, allegations, and accusations.  “Light the Torch 2010”, whatever it is, just may set fire to you and your property and your peaceful, wildland dreams.
  The North Shore development issues are unfortunate… but they are a goldmine to the ilk of Mr. Crowder.  He and his supporters (in business supporting any and all development), can come down on either side of this issue and sound righteous.  The goal of Mr. Crowder and his supporter is to do away with all rules—and you will be caught in the crossfire.
  So, again, BEWARE,  voters in Flathead County, what issues you support and what their impact is and WHO and WHAT YOU VOTE for in primaries and elections this year. 
    So…  my own QUESTION….  Are Mr. Crowder and his supporters looking out for YOUR best interest???  I think not.

It appears to me that fear and anger are starting to cloud our collective intellect.  If the county goes forward and does not settle with Simon and Averill the plaintiffs must prove first that they were wronged, and second that they were damaged. A judge wanting to send a message to the county may give them damages to the extent of their expenses.  The plaintiffs cannot make a plausible damage argument relating to the lost value in the sale of the lots.  The evidence that there was no gain to be made is all around us.  Hind sight is 20-20.  No judge is going find commercial damages beyond the plaintiff’s expenses.  It simply didn’t happen. The plaintiffs placed a large wager that housing would continue to be robust in the Flathead, had they been right there would have existed damages.  They were not right this time around.  To simply cave and give them unjust damages is blind fear.  The before mentioned gentlemen are smooth operators, if we just cave and hand them the cash we are going to feel like dumb hicks for a long time.

The issue in this case in now clear.  It did not turn on whether the land should or should not be subdivided but the need to settle occurred because there was back door dealing.  That is really the problem.  Good laws about development should be supported.  Good laws mean a fair and open process.  That is what the North Shore showed is lacking.  I would thing that the “property rights” folks and the “Environmental” folks would now have a golden opportunity to begin discussion about making the process fair to everyone and recognizing everyone’s rights in the process.  Clearly here whether the project should have been allowed or not got buried because some people choose to violate the land owners rights.  It would have been much better to have the project pass or fail on the merits.

Brutus-I agree there should be complete transparency of these processes. But any county employee or elected official engaged in such activities must be held accountable. Not doing so leaves the door open for more costs and leaves the taxpayer paying the tab. North Shore is not the only case where county officials and employees have schemed with public organizations, committees and individuals in attempts to thwart a landowner’s legal use of their property. Some of these people are naive enough to think they can’t be held accountable for their participation in such activities. It is when their actions cost the property owner enough money and they become entangled in litigation for damages to the property owner they will recognize their misguided activities. North Shore is just one high-profile example of a problem that infests planning in the county.

truthorcon…Be assured that American Dream Montana’s, “LIGHT THE TORCH 2010” program is intended to do just what you advocate.  When successful, county property owners will no longer find themselve continually lining up in front of local politicians on bended knee and hat in hand, hoping they will do the right thing and protect their property rights!  “LIGHT THE TORCH 2010”  will empower the county’s property owners to “take back” their property rights, leaving these unreliable politicians and their bureaucrats with no power to do harm;  leaving them irrelevant!  Remember the date….APRIL…13

I remember the pictures of the torch light parades of Hitler’s Nazi’s.  I suppose thats why Crowder calls his dog and pony show “light the torch.”  I can just picture Crowder and his property rights facists parading down main street with their torches lit.  I wonder if Alice will be the baton girl leading the parade?

Godwin’s Law status has been achieved.

debbie

That’s “Mrs. Drum Major” to you.

making quite a few assumptions, tdking

Mongrel,

Care to make a wager?

Taz,

I’m a bettin’ man, and I think you’re right. I’d throw some cabbage down to make things interesting!