The legal battle over a home constructed along McDonald Creek inside Glacier National Park continues as the Flathead Conservation District and a group of local residents have appealed a federal court’s decision to allow it to stand.
John and Stacy Ambler began building the home on their private property within Glacier National Park but the Flathead Conservation District ruled it violated Montana’s Streambed Protection Law which dictates natural rivers and streams and the lands and property immediately adjacent to them within the state are to be protected and preserved to be available in their natural or existing state and to prohibit unauthorized projects.
A federal judge ruled in February that the Flathead Conservation District lacked jurisdiction over the project because Montana had ceded authority over park lands to the federal government.
Flathead Conservation District and Friends of Montana Streams and Rivers have formally appealed this decision to the Ninth Circuit Court arguing that state environmental laws should still apply to private land within the park. The appeal was filed on March 5th and opening briefs are due by May 28th.
Meanwhile Mr. and Mrs Ambler have filed motions seeking reimbursement of over $80,000 in attorney fees. Flathead Conservation District and Friends of Montana Streams and Rivers have filed responses to this request.
This is a developing story and we will be sure to update as more information becomes available.
Image Credits: Flathead Conservation District, Glacier National Park