BREAKING NEWS!

(July 16, 2010)  MEIC WINS HIGHWOOD ZONING CASE: Supreme court says rezoning for Great Falls power plant was illegal

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State Supreme Court Considers Highwood Zoning Case

(December 2009)  On November 18, 2009, the Montana Supreme Court heard oral arguments on whether the rezoning of land for the Highwood Generating Station constituted illegal spot zoning and whether the rezoning process violated the State’s public participation requirements.

About 18 months ago Cascade County had rezoned agricultural land to “heavy industrial” to allow Southern Montana Electric (SME) to build a 250-megawatt coal-fired power plant. Although SME has since changed its plans, now intending to build a natural gas plant first, it has repeatedly said that it has not abandoned the idea of building a coal plant at the site in the future.

Map showing proposed site for the Highwood Generating Station (“The Salem Site”).  Outlined shaded area delineates the Lewis & Clark Portage Historic Site.  From the project’s final environmental impact statement.  (Click on map for larger version.)
 

In typical fashion, SME and the County tried to “pull a fast one” on the public and the Court at the hearing. For the first time ever SME argued that a County zoning regulation adopted in August 2009 made the entire case moot. It argued this despite the fact that the newly adopted regulation had nothing to do with the property in question or any of the surrounding property. In fact, this parcel and the development of a coal plant were never even mentioned in the newest zoning process, and the newest zoning did nothing to change the issues before the court. But SME and the County are now arguing that MEIC and the 61 farmers and ranchers who filed the rezoning lawsuit must start the entire process over.

Many justices seemed skeptical of SME’s argument. The attorneys for both sides were asked whether the same exact issues wouldn’t be raised in any new lawsuit. Justice Nelson asked one of the most pointed questions of the hearing: wouldn’t a decision in favor of SME allow local governments to continually update their zoning regulations and avoid all future lawsuits from citizens?

The Court asked both sides to provide additional information on this issue. When those new briefs are filed by mid-December, the decision will rest with the Court. The Court has no timeframe by which to issue a decision, but has a history of acting expeditiously in this case.

MEIC is being represented in the case by Roger Sullivan of Kalispell.

Read the full complaint (1.9 MB pdf)
 

Background Information

• MEIC Sues over Highwood Zoning Change
  

• Highwood Generating Station Asks for Zoning Change (November 2006)