Koontenai Lodge lawsuits filed

The Swan Lakers recently filed two lawsuits against the Lake County commissioners over their recent approval of the Kootenai Lodge project.

The first suit states that the commissioners should have rejected the Milhous Group's project because they didn't have the signatures of Mark and Debbi Rolfings, the former owners of the historic Kootenai Lodge, according to attorney Peter Leander, who serves as president of the Swan Lakers, a non profit organization consisting of more than 300 people who unanimously oppose the condominium.

The suit also alleges that there is no viable plan for the project's septic system. In addition, the suit claims that approving the Milhous Group's project will violate Montanans' constitutional rights.

"[They] failed to adequately consider Montanans' rights to a clean and helpful environment," Leander said.

The second lawsuit states commissioners violated Montana's open meeting laws during a public meeting on May 3 by restricting public comments to two to three minutes while the Milhous Group was given an unlimited amount of time for their proposal.

"On retrospect, we may have done it differently," said County Commissioner Paddy Trusler.

Trusler explained that it is not uncommon for meetings of that nature to last up to five hours and limiting public comment was merely a way to avoid a lengthy session.

As for violating Montana's open meeting laws, Trusler said the law is very vague and that it is not specific on how to deal with public testimony, but they did meet the letter of the law by advertising the meeting.

Attorney Jack R. Tuhoske of Tuhoske Law Office in Missoula, who also represents the Swan Lakers, stated that it is likely a third suit will be filed challenging the commissioners on their reprocessing of a septic application after the preliminary plat has been approved. He believes they had no basis to do that.

Erik B. Thueson of Thueson Law Office in Helena concurs saying, "They shouldn't have passed it at all without all their ducks in a row."

Leander said that more suits could be coming down the line — one having to do with the violation of the Endangered Species Act. The Swan Lakers believe the project will threaten the grizzly bear population. The other suit charges that the project will violate the Clean Water Act, as it calls for a large number of boat docks to be constructed.