It looks like John & Stacey Ambler’s dream home along McDonald Creek will be completed after all. The 9th Circuit Court has upheld Missoula Federal Judge Katheen DeSoto’s summary judgement, maintaining that private property in the Park is under Federal jurisdiction, not the state’s. What’s notable is Judge DeSoto’s decision was based on an earlier decision handed down by the same Circuit Court of Appeals. In 1911, Montana ceded…and the United States accepted…exclusive jurisdiction over privately owned land located within the boundaries of Glacier National Park.
Attorneys for the Flathead Conservation District and Friends of Montana Streams & Rivers based their entire case of the Ambler’s failure to obtain a 310 Permit, established in the Montana Natural Streambed and Land Preservation Act o 1975. They were unable to convince Judge DeSoto that the Amblers sought to evade the act. The Amblers maintained that they were meticulous about getting all the permit they thought they needed. They simply missed this one which, as it turns out, they didn’t need.
The Amblers asked Judge Soto to be reimbursed for nearly $90,000 in legal fees in defending their home. To that request, she said “no”.
The Flathead Conservation District and Friends of Montana Streams & Rivers say they appreciate having the legal clarification that all private property within the Park falls under Federal Law.
