Description
A lawsuit filed against Flathead County commissioners claims no opportunity for public comment was given the day commissioners approved a preliminary plat for the Steamboat Landing subdivision in Somers.
The lawsuit filed in Flathead County District Court in March seeks to void approval of the subdivision near Somers Middle School.
The Steamboat Landing subdivision is a large-scale housing development project proposed by Somers Project, LLC and Somers Property, LLC. The project anticipates the construction of 180 single-family homes and 72 condo units on the 64-acre property.
Friends of Somers and trustee Joanne DeLong, acting on behalf of Joe A DeLong Revocable Trust, are listed as plaintiffs in the case. The Friends group is a nonprofit that advocates for the protection of public health and the natural environment in the north shore of Flathead Lake and Somers area.
DeLong owns property immediately adjacent to the proposed subdivision, as well as an easement over which the subdivision intends to access its property, according to court documents.
The county, in court documents, says that sufficient public comment was taken on the subdivision.
Developers submitted the subdivision application in October 2023. Over the following months, Flathead County Planning Board held three public hearings before making a positive recommendation to county commissioners regarding the subdivision.
The planning board acts in an advisory role, while the county commissioners have the final say of approval or denial.
County commissioners first considered the application during a meeting on Aug. 1, 2024, where they took public comment. The matter was tabled by commissioners pending further environmental review by the developer.
Plaintiffs allege they petitioned commissioners to hold a public hearing, but the request was denied.
Another public hearing was held on Jan. 8 by the planning board based on new information presented in the project’s environmental assessment.
In the lawsuit, plaintiffs also dispute whether the environmental assessment met statutory standards.
County commissioners then voted on the application on Feb. 11, following the January public hearing.
Public comment is taken before the start of each commissioners’ meeting. The meeting on Feb. 11 was no exception. Three members of the public took the opportunity to voice their opposition to the subdivision, as seen in a posted recording of the meeting on the Flathead County commissioners’ website.
In the lawsuit, plaintiffs argue “the public was denied the opportunity to participate because they were not allowed to express their opinions and concerns directly to the commissioners prior to the commissioners’ February 11, 2025, decision to approve the subdivision.”
County commissioners filed a response to the plaintiffs’ complaint, arguing they did take public comment before the vote.
Somers residents raised concerns about the project. Key among those concerns is the potential for contamination from an identified Superfund site adjacent to the subdivision to migrate onto the property despite an environmental analysis saying the property is safe. Other concerns include increased traffic congestion and insufficient vehicular access to the site.
Reporter Hannah Shields can be reached at 758-4439 or [email protected].
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