Page 16 - Flathead Beacon // 12.18.13

16 | DECEMBER 18, 2013 NEWS FLATHEADBEACON.COM

High Court Orders Stay in Doughnut Case

By BEACON STAFF
District Judge David Ortley struck down if the County adopted a growth policy The lawsuit challenged a citizen-ini-
a 2011 citizens’ referendum that shift- and accompanying zoning or subdivi- tiated referendum passed by Whiteish
The Montana Supreme Court or-
ed full jurisdictional authority of the sion resolution.”
voters in November 2011. The referen-
dered a stay on any zone changes within doughnut to the city of Whiteish.
The court also found that Whiteish dum struck down a 2010 interlocal plan-
the two-mile planning district outside The ruling returned jurisdiction of “established suicient extraordinary ning agreement designed as a compro-

of Whiteish, also known as the dough- the planning doughnut to the county; circumstances to justify the issuance of mise between city and county oicials.
nut, in the latest round of the legal saga Whiteish almost immediately appealed a stay.”
Following the referendum passage,
involving jurisdiction of the area.
the decision.
The doughnut has been a conten- area residents iled a lawsuit against the
The Dec. 10 order from the Supreme Two months after Whiteish ap- tious issue for more than a decade. city asking the district court to declare
Court says Flathead County may contin- pealed Ortley’s decision, the city asked Plaintifs in the current lawsuit argue the referendum illegal and void. They
ue to pursue land-use planning activities, the Supreme Court to send the dispute that thousands of property owners in argued the county should maintain au-
except inal adoption of any changes.
to mediation, which the court denied in the doughnut hang in legal limbo due to thority because the 2010 agreement was

In granting the stay, the Supreme September.
the jurisdictional gray area, while the an administrative, rather than legisla-
Court stopped parts of a July 8 Flathead In its latest ruling, the high court city attempts to apply its own unique set tive, act, and was therefore not subject
County District Court ruling from going recognized that “the County could of land-use policies to preserve White- to referendum.
into efect. The July ruling by Flathead
change the status quo (of the doughnut)
ish’s integrity.
Wanted Man Apprehended After Brief Standof

By MOLLY PRIDDY of the Beacon
After his arrest on Dec. 12, District out for him, stemming from a bail jump- Ferrari’s criminal history in Flat-
Court Judge David Ortley set bond at ing charge and two counts of violating head County goes back to at least 2003.
Law enforcement apprehended a lo-
$50,000 for the bail jumping charge; the conditions of release.
In 2012, prosecutors charged Ferrari
cal wanted man with a history of drug $75,000 for the conspiracy for criminal According to a report from the Ka- with felony conspiracy in the crimi-
charges at a Kalispell hotel last week af- distribution charge; and $50,000 for the lispell Police Department, Ferrari was at nal distribution of dangerous drugs. In
ter a brief standof that ended without two possession charges.
a local hotel, and when law enforcement May, 2013, Ferrari was charged with two

incident.
As of Dec. 16, Ferrari was still in cus- made contact with him via a phone, he counts of felony criminal possession of
The Kalispell Police Department tody at the Flathead County Detention refused to come out of the room.
dangerous drugs, after he was pulled
Special Response Team, along with the Center. He has an arraignment and a Ferrari also allegedly threatened over for a traic violation and was alleg-
Flathead County Sherif’s Oice SWAT status hearing scheduled for Dec. 23, to shoot anyone who entered his room, edly found to be carrying hydrocodone
Team and the Northwest Drug, took and a jury trial for one of the charges KPD reported.
and morphine pills.
Christopher Kelly Ferrari, 38, into cus- scheduled to begin after March 31.
After three hours of negotiations, Ferrari failed to appear for a sched-
tody after on Dec. 12.
[email protected]
Ferrari abruptly decided to leave his uled June 28, 2013 trial, and was charged
Ferrari had three arrest warrants
room, and was taken into custody.
with bail jumping in July 2013.

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