Attorneys for the Flathead Conservation District and Friends of Montana Streams & Rivers have made their case to the 9th Circuit Court against John & Stacey Ambler’s dream home along McDonald Creek.
The overriding question is this: who has jurisdiction over private property in the Park…the Federal Gov’t or the State of Montana.
What’s ironic is that Missoula 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 Flathead Conservation District’s attorney, Camisha Booth Sawtelle of Whitefish, made a powerful argument that private property–even within a National Park, remains subject to the laws of the State.
These arguments are a bit late for John & Stacey Ambler, who 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.
Attorney Sawtell argues that when the Amblers failed to apply for that 310 permit, they effectively evaded the Montana Natural Streambed and Land Preservation Act of 1975.
The Conservation District wants the home demolished and the streambed returned to its natural state.
