The developers behind a proposed subdivision near Raceway Park are suing Flathead County for rejecting the subdivision’s application earlier this year.
Thornton Motorsports LLC filed suit against Flathead County after the Flathead County Commission decided to deny the application for Montana Raceway Subdivision, a 57-lot residential development proposed on 40 acres near Raceway Park, about a half-mile north of Kalispell city limits.
In March, the commission voted against the proposal, citing infrastructure and safety concerns, but the lawsuit alleges this decision was arbitrary and capricious.
The lawsuit says the county rejected the proposal despite potential conditions that could be added to the application to mitigate the commission’s concern. The suit also states that the county denied the application despite a recommendation for approval from the county’s planning office, and calls the decision “random, unreasonable, and seemingly unmotivated.” Another allegation is that the letter the county sent the developers about the denial didn’t comply with statutes.
The lawsuit asks that the court to reverse the commission’s decision on the subdivision.