MONTANA – Whitefish Subdivision Seeks Intervention in Lawsuit Over Gated Communities

FLATHEAD BEACON:  Whitefish Subdivision Seeks Intervention in Lawsuit Over Gated Communities
Permanent gates on Mountainside Drive put on hold while groups resolve lawsuit against city
By Tristan Scott
December 31, 2014

A group of homeowners who oppose gated communities in the Grouse Mountain Estates subdivision is seeking to join a lawsuit against the city of Whitefish, supporting the city’s decision to ban the use of permanent gates and asserting their private rights to use the roadways.

Grouse Mountain Homeowners Inc. has asked the court to allow the group to intervene in a lawsuit against the city of Whitefish filed by The Estate Homeowners Association. The Grouse Mountain Homeowners group alleges the gates infringe on the group’s existing easement rights.

The Estate Homeowners Association argues in its lawsuit that there is enough public traffic on its private roads year-round to merit the installation of permanent gates, particularly as traffic is diverted by construction on U.S. Highway 93 West. Read more:

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