A district court judge in Bozeman has ruled against several claims made by a homeowners group that challenged four pro-construction housing laws passed by the 2023 Montana Legislature. The ruling upheld the majority of the laws but also found that one provision, which sought to limit public participation in certain development decisions, violated the Montana Constitution’s right to participate.

District Court Judge Mike Salvagni's decision was met with mixed reactions. Governor Greg Gianforte, housing advocates, and free-market groups celebrated the decision, while critics argued that the ruling undermined public input on land-use planning.

Key Housing Laws Upheld

The court upheld three critical housing measures, including:

1. Senate Bill 245: Mandates cities with populations of 7,000 or more to allow apartment-style housing in commercial zones.
2. Senate Bill 323: Requires cities with populations of 5,000 or more to permit duplex housing on any residential lot.
3. Senate Bill 528: Requires cities to adopt regulations for more accessory dwelling units, or secondary housing structures, on parcels with primary homes.

Supporters of the laws, including Governor Gianforte and groups like Shelter WF and the Frontier Institute, see the court’s ruling as a step toward addressing Montana’s housing crisis. "Today’s ruling by Gallatin District Court to uphold critical pro-housing reforms is a victory for all Montanans striving for affordable, attainable housing," Gianforte said in a statement.

The Struck-Down Provision

The controversy centered on Senate Bill 382, the Montana Land Use Planning Act. This law aimed to modernize the state's development permitting process and reduce obstacles posed by what supporters viewed as NIMBY (Not In My Backyard) activism. A key provision of the law allowed for administrative approval of development proposals that met existing zoning regulations, bypassing public hearings and reducing opportunities for local opposition.

While the bill aimed to expedite housing projects, particularly in areas facing growth, the court found that it violated the state constitution by restricting public participation. “These provisions of the law precluding public participation without notice and opportunity to be heard at the decision-making stage...offend the Constitution,” Judge Salvagni wrote in his ruling.

Reactions to the Ruling

The ruling prompted strong reactions from both sides. Proponents of the laws, including the Montana League of Cities and Towns, expressed disappointment. "Obviously, we don’t think this is the right decision," said Kelly Lynch, the League’s executive director, signaling that an appeal may be forthcoming. "We’re looking at our options, which could include appealing."

Conversely, opponents, including the plaintiffs from the group Montanans Against Irresponsible Densification (MAID), celebrated the court’s ruling on public participation. "Public participation is required constitutionally,” said MAID attorney Jim Goetz, emphasizing the importance of local involvement in land-use decisions.

The Future of Montana's Housing Laws

While the court’s ruling allowed most of the 2023 housing laws to remain intact, the decision on public participation has left the future of SB 382 in limbo. It remains to be seen whether the state will modify the bill to comply with the court's ruling or seek a legal appeal.

As the housing debate continues in Montana, one thing is clear: the state’s housing policies will continue to evolve, with ongoing debates around balancing development, local control, and public involvement.

This case underscores the tension between efforts to streamline housing development and the constitutional protections around public participation in local decision-making, which will likely be a point of contention in future legislative sessions.

Originally reported by Eric Dietrich in MSN.