They’re fighting for their dream home (pictured) and, it appears John & Stacey Ambler of San Diego have been pulling out all the stops. Now, their date with destiny is next Wednesday in the court of Federal Judge Kathleen DeSoto in Missoula.
Chris Peterson of the Hungry Horse News reports the couple filed has suit against the Flathead Conservation District. This is in addition to the prior suit filed in the Flathead District Court of Judge Robert Allison, who is now retired.
The Amblers are deep into construction of their home on McDonald Creek, on private property in the park. They thought they were being meticulous–complying with every regulation and obtaining every permit. But they missed one…a 301 permit, which could lead to the dismantling of the couple’s dream home, which lies unfinished along the Creek.
At the heart of their Federal Court suit, the question of jurisdiction. The private property predates the creation of Glacier National Park in 1910, thus, they say, the State lost any claim to regulate the land.
The Flathead Conservation District had ordered the home dismantled and the stream bed returned to the way it was by April 1st. Clearly, that didn’t happen.
No matter what Judge De Soto decides, she’s aware that her decision will likely be appealed to the State Supreme Court and, perhaps, the U.S. Supreme Court.
