It was a ruling from the 9th Circuit that Federal Judge Kathleen DeSoto cited in her decision that the Flathead Conservation District doesn’t have the right to demand the Ambler’s home be demolished. Now, the Conservation District, along with Friends of Montana Streams and Rivers has appealed that ruling to that very court…the 9th Circuit. Opening briefs are due May 28th.
Judge DeSoto ruled that the Federal Government has jurisdiction, not the State. The Amblers contend that their private property predates Glacier National park, created in 1910. Thus, they say, the State lost any claim to regulate the land. With that, Judge DeSoto granted John & Stacey Ambler a summary judgement, meaning there’d be no trial on the matter.
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 310 permit, which could have lead to the dismantling of the couple’s dream home, which lies unfinished along the Creek.
Defending their home has been an expensive proposition, for which they’ve asked the court to force the Flathead Conservation District to pay their attorney’s fees, amounting to nearly $91,000.
