An out-of-court settlement will likely end the long, very public battle between the City of Kalispell and the Flathead Warming Center. Late Tuesday night, the City agreed to permanently reinstate the Flathead Warming Center’s Conditional Use Permit, making the Center a fixture in the community’s efforts to end homelessness.
Besides the reinstatement of the Conditional Use Permit, key points of the settlement include an apology to the Warming Center’s Executive Director Tonya Horn, saying, “The City doesn’t not believe Ms. Horn committed perjury or lied in the Warming Center’s…application process.”
The Warming Center’s official point-of-contact with the City, going forward, is City Manager Doug Russell.
The City will also pay reasonable attorney’s fees to the Institute For Justice in its successful defense of the Warming Center’s rights.
At the same time, the Warming Center agrees to maintain an occupancy agreement for its guests, enhance communication withe the community and to conduct neighborhood cleanup efforts within a quarter-mile of the Center.
The City Council and Mayor Mark Johnson will have to ratify the agreement before it is submitted to the Federal Judge Dana Christensen, which will settle the legal action.
