The lawsuit filed against Cascade County over the Zoning Board of Adjustments has been dismissed.
District Judge Olivia Rieger states in her order that actions cannot be taken on a situation the county has already fixed.
Ryan Villines filed the complaint in March due to the requirements commissioners put on residents who wanted to apply to be on the board.
In April, commissioners removed all the requirements and attorney Mark Higgins asked for the injunction to be dismissed.
The order also states that Villines failed to show a pattern by the commissioners regarding his complaints.
(JUNE 12, 2018) Cascade County Commissioners have selected Michele Levine to fill the open seat on the Zoning Board of Adjustments. The commissioners voted unanimously for Levine. There were 16 candidates for the position.
The commissioners made their decision based on thoroughness of applications, experience, and educational background. Levine, an attorney in Great Falls, was employed as a land use planner with another county and she also served in the Montana House of Representatives.
Before they made their decision, Commissioner Jane Weber explained that the ZBOA is an independent decision-making body. “They actually work directly with our planning staff here in Cascade County. They receive packets of materials from the planning staff. We do not review those packets of materials, they go directly to the ZBOA group. They actually deliberate on the materials that are before them and then a decision is made. Their decision box is related to zoning,” Weber said.
Levine will serve on the board through December of 2019.
(MARCH 9, 2018) A Cascade County resident has filed an injunction against Cascade County and the Cascade County commissioners.
The complaint was filed by Ryan Villines on Thursday in Cascade County District Court.
The complaint stems from new requirements for applicants for an open position on the Zoning Board of Adjustments.
Villines claims the county has violated the state constitution and Cascade County zoning regulations.
Commissioners are requiring anyone who applies for the board to submit a signed, notarized statement saying they did not publicly comment on the proposed Madison Food Park.
Another stipulation is that applicants cannot live in a seven-mile radius of the proposed project site, which is located several miles east of Great Falls.
Cascade County Attorney Josh Racki says the county can not comment on pending litigation.
