Federal Judge Kathleen DeSoto has breathed new life into John & Stacey Ambler’s fight to keep their home along McDonald Creek. Judge DeSoto ruled that, citing a ruling from the 9th Circuit, the Flathead Conservation District does NOT have the right to demand the Ambler’s home be demolished. She 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.
Judge DeSoto granted a summary judgement, so the case will not go to trial.
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.
Attorneys for both the Flathead Conservation District and the the group, Friends of Montana Streams and Rivers say they may appeal…but that appeal would be to the 9th Circuit, which is the precedent Judge DeSoto cited in her ruling.
