The county's inaction could potentially cost taxpayers hundreds of thousands of dollars in fines.
As part of the same case, a subdivision previously denied by the Missoula County commissioners because of its location within a grizzly bear corridor may get to proceed.
The County Attorney's Office is weighing its options, Van Valkenburg said, but declined further comment.
Harkin scolded the county Aug. 23 for not responding to earlier deadlines in the case. The county “has not even bothered to offer meritless objections” to the plaintiff's case, he wrote, adding that this case “appears to have no end in sight.”
“The court looks to punish transgressors rather than patiently encouraging their cooperation,” Harkin wrote. “The result of the County's abusive conduct is that the plaintiff has had to incur mounting litigation costs while proceeding under a cloud of uncertainty. Common sense and fundamental fairness require that no party should be forced to proceed under such a cloud of uncertainty.”
The county offers little explanation for its actions.
“We just didn't get the job done because we are just too busy doing other things and didn't realize how important it was to get this particular thing done,” Van Valkenburg said.
The whole thing stems from a lawsuit filed in June 2006.
A month earlier, the Missoula County commissioners denied Karin Stolp's 152-acre, four-lot subdivision two miles northeast of Condon because of information provided by Chris Servheen, the U.S. Fish and Wildlife Service's grizzly bear recovery coordinator.
In an e-mail Servheen sent to a number of county employees, he wrote that development in the Swan Valley would displace grizzlies and increase their risk of death.
Stolp sued the county for wrongful denial of the Homestead Estates subdivision because, according to the original complaint filed at the Missoula County Courthouse, the information about grizzly bear habitat was presented too late in the subdivision-review process. In the complaint, the plaintiff also questions the extent to which the proposed subdivision would adversely affect grizzly bear habitat.
Orr asked the court to allow the subdivision to go forward and to require that the county pay more than $2.1 million in damages - slightly less than the Stolp's suggested net worth of the subdivision.
Between August 2006 and July 2007, the county made little effort to respond to attempts by both the court and Stolp to have the county state its case.
Harkin reprimanded the county twice during that time.
On Aug. 23, Harkin ruled in favor of Stolp. In essence, his ruling overturns the commission's denial of the subdivision. But first, state law requires that a judge solicit written comments from each of the county commissioners before subdividing any land. A final judgment in the case has not been issued.
Harkin ordered the county to pay Stolp's attorney fees totaling $4,525, which the county has agreed to do, Van Valkenburg said.
Harkin also ordered the county to pay 10 percent interest on the amount of damages. Stolp would set the damages at $2.1 million, the net worth of the subdivision.
When calculated, that makes the county's running total $256,000. And for each day the case isn't resolved, that amount goes up $575.
Having someone pay interest on the amount of damages is not unusual, Van Valkenburg said. What is unusual is ordering someone to do so prior to a final judgment.
The county opposes the $2.1 million figure because, it says, there's been no evidence presented in this case that clearly puts damages at that amount.
Even with interest accruing, Van Valkenburg said there is no need to rush. Ten days is a reasonable delay, but he also said he understands the need to find a resolution in this case.
Even though Harkin sanctioned the county a month ago, the significance of the repercussions has only recently been brought to the attention of the County Commissioners Office.
The commissioners were scheduled to discuss the matter Thursday at a morning administrative meeting, but the item was stricken from the agenda at the last minute following inquiries by a Missoulian reporter the day before.
Because of the topic's sensitive nature and the possible personnel matters involved, the County Commission decided not to discuss it yet with the public, said Commissioner Bill Carrey.
A hearing scheduled for Oct. 16 in the case has been postponed until Oct. 23.
Reporter Chelsi Moy can be reached at 523-5260 or at Chelsi.Moy@missoulian.com.
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