Glacier National Park, Montana — The battle over a creekside home in Glacier National Park resumed last week, and it seems like litigation won’t stop anytime soon.
SFGate reports that the Ninth Circuit Court of Appeals heard the appeal on May 28th over a home that was placed too close to a creekbed. In the opening brief, the lawyers argue that federal laws don’t have legislation that directly applies to this case, while the state of Montana does. The homeowners, the Ambler family, have to respond to the appeal by the end of June.
On March 5th, the Flathead Conservation District and the Friends of Montana Streams and Rivers (FMSR) filed an appeal regarding a California couple (the Amblers) who built their house too close to Lower McDonald Creek at Glacier National Park. This follows a ruling by Federal Judge Kathleen L. DeSoto in February, in which she stated that the national park, not the state, has jurisdiction over the case. Since the national park didn’t act, it means that construction of the building can proceed. The judge also ruled Montana’s Natural Streambed and Land Protection Act (NSLPA) doesn’t apply to the Amblers’ home, due to it being state law.
For the Conservation District to be successful, the court of appeals would have to overturn the precedent set forth by the 1968 case Macomber v. Bose, which gave the U.S. government jurisdiction over these inholdings.
The key issues are as follows: It was built and connected to local sewer and drainage despite not receiving any permits and being way too close to Lower McDonald Creek, and who has jurisdiction over this matter.
Back in 1910, a bill signed by President William Howard Taft established Glacier National Park. This law also established that some of the land, known as an inholding, could be used to develop homes inside the park. A key part of the law states that “nothing herein contained shall affect any valid existing claim, location or entry under the land rules of the United States, or the rights of any such claimant.” The .005 acre plot of land that the Ambler’s property now lies on is a part of this inholding.
Ultimately, the couple argues that federal laws have precedent here. The Amblers are also arguing that they got the green light when the Flathead Conservation District said they could do “whatever they want with the land without restriction.”
The Flathead Conservation District disagrees with this assessment, arguing that they have to follow Montana’s Streambed Act. They found that they violated this act in a couple of ways, which has damaged McDonald Creek. In addition, they brought in officials from Montana Fish, Wildlife, and Parks, who found a “blatant disregard” for the environmental health of McDonald Creek and its riparian zone.
“The bank had been excavated to create a pad on which to build the house. The pad area had been stabilized with a rock retaining wall on the stream channel side of the property,” said the Flathead Conservation District in a court filing. “Based on the blatant disregard for the impact of the project on the health and stability of the riparian zone and McDonald Creek, the inspection team unanimously determined the Ambler project was a violation of the Act.”
This resulted in the Flathead Conservation District ordering the Amblers to remove the home by April 1, 2023, which led to lawsuits at the federal and local levels. This seems like the type of lawsuit that’s going to find its way to the US Supreme Court.
Glacier National Park’s response to this is that they’re keeping out of it. Here’s what Gina Icenoggle, who’s the public affairs officer for Glacier, told the Cowboy State Daily:
“We aren’t really commenting on the Ambler house because the ruling is still being reviewed by the Department of Interior solicitors. So I don’t really have any information for you.”
Image Credits: Flathead Conservation District, Glacier National Park
