Attorneys for the Flathead Conservation District and Friends of Montana Streams & Rivers are preparing their case against John & Stacey Ambler’s dream home along McDonald Creek. That case has been appealed up to the 9th Circuit to decide essentially who has jurisdiction over private property in the Park — the Federal Government or the State of Montana.
Federal Judge Kathleen DeSoto has ruled in a summary judgement that it’s the Federal Government that has jurisdiction. She based her ruling on an earlier ruling by the same court that’s hearing their appeal.
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.
