In an unexpected turn of events, a federal judge has sided with California a couple engaged in arguments over instructions to demolish their magnificent, partially constructed cabin within Montana national park, enabling them to maintain the property as it is.
The partially constructed chasm belonging to John and Stacy Ambler, situated on a 2,300-square-foot plot near McDonald Creek within Glacier National Park, has faced potential demolition following multiple complaints lodged with the Flathead Conservation District by various residents. (FCD), SFGate reported .
Following multiple legal disputes, Federal Judge Kathleen DeSoto issued her decision in favor of the San Diego couple in February, stating that the FCD does not have authority over the property since it is situated inside a national park, which places it under federal jurisdiction.
In the most recent development of this continuing conflict, both the FCD and Friends of Montana Streams and Rivers have lodged an appeal, maintaining that they possess grounds to overturn the judge's ruling.
'Sflathead Conservation District bears the legal responsibility for safeguarding the natural resources within our district,' said Samantha Tappenbeck, a district resource conservationist, to SFGate.
Therefore, the Flathead Conservation District Board of Supervisors chose to challenge the decision in order to serve the interests of our district’s residents and due to their belief that several aspects could be appealed.
The Amblers started constructing their three-story, verdant Montana residence in late 2022 and early 2023. They built a concrete retaining wall along the steambank and set stone foundations into the slope to create a deck.
Nevertheless, the couple's building endeavor sparked local controversy, with West Glacier area inhabitants complaining that the house could be easily seen by both park visitors and nearby residents. Flathead Beacon reported .
The grievances drew the notice of the FCD, prompting them to conduct an on-site examination at the Ambler residence.
After the examination, the district asserted that the pair had breached the state's Natural Steambed and Land Preservation Act (NSLPA), commonly referred to as the 310 law.
They justified their decision because they thought the house had been built unlawfully, lacking all required permissions.
According to the 310 law, any person or organization undertaking activities that involve altering or modifying the riverbed or nearby banks of a continuously flowing stream must secure the necessary permissions from the local conservation district, as mentioned by The Flathead Beacon.
Nevertheless, the pair assert that the Flathead County Planning Office granted them approval, stating they had carte blanche to use the land however they wished since it is located in an un-zoned region, as per their information. Hungry Horse News .
The federal Park Service did permit the Amblers to hook up with the Apgar water and sewage systems.
Despite this, the District's Board of Supervisors eventually decided that the couple has to demolish their partially constructed house and restore the steambed prior to April 1, 2024.
Nevertheless, the pair opted to file lawsuits in both state and federal courts, contending that the District had overstepped its bounds.
The locals from California do not acknowledge the District's authority over their land and assets since it falls within the boundaries of the national park and sits on an inholding—a piece of private property established before the park was created in 1910.
They assert that the property is part of Apgar, a tiny, privately held community within the park established in 1908.
The District alleged that the Amblers were attempting to locate the ambiguous zone since they asserted that Montana holds no authority over the property due to its location within a national park, which enjoys federal protection. However, they simultaneously argued that the federal government cannot claim access because the land is considered privately owned.
Nevertheless, the District asserted that both state and local laws apply to private property, irrespective of its location, even within Glacier National Park.
However, the couple contended that when they transferred ownership of the land, Montana had ceded jurisdiction to the United States, as stated by their attorney, Trent Baker, according to Hungry Horse News.
At the heart of the organization's case is the assertion that even though the property is situated inside Glacier National Park, this does not absolve it from complying with Montana’s state regulations, notably the Montana Natural Streambed and Land Protection Act (NSLPA).
In contrast, the pair contended that the Steambed Act was enacted only in 1976, which means that Montana's state laws were not eligible for federal recognition, as reported by SFGate.
The couple additionally mentioned that the national park should be responsible for governing private inholdings, asserting that the FCD cannot independently reclaim authority over territories where the state of Montana had previously relinquished control to the United States, as reported by the Flathead Beacon.
The sole concern in this matter pertains to whether federal or state authorities have jurisdiction over the Amblers' estate, as stated by their lawyer, Trent Baker, in the summary judgment, according to the source.
In DeSoto’s directive, she stated that the arguments exceeded ‘the boundaries set by the single claim presented in the complaint… specifically, that FCD has no authority over the Ambler property, and that the Streambed Act is not applicable.’
In order for the appeals to continue in court, lawyers from both entities need to file their briefs by May 28.
Officials from Glacier National Park mentioned earlier that they were collaborating with lawyers from the US Department of the Interior to decide if they would participate in the lawsuit, according to SFGATE.
"The Amblers" did not promptly reply to SANTIJAYA for commentary.
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