Montana Supreme Court Upholds Zoning Reform Bills

The Montana Supreme Court reversed a decision by a judge last year that would have blocked two zoning reform bills, reports Blair Miller in the Daily Montanan. “The court found that Judge Mike Salvagni, a retired judge who was brought in for the case, incorrectly issued the preliminary injunction based on whether there was a ‘possibility’ of harm to the group and that it had only offered ‘generalized fears and supposition’ about the effects of Senate Bills 323 and 528,” Miller adds. 

The court ruled that the claim did not meet four key factors required for a preliminary injunction: “that the applicant is likely to succeed on the merits; is likely to suffer irreparable harm absent preliminary relief; that the balance of equity tips in the applicant’s favor, and that the injunction is in the public interest.”

The bills, which call for cities to allow accessory dwelling units (ADUs) and duplexes on residential lots, were part of a major legislative package aimed at reforming outdated zoning laws and addressing the housing shortage that took effect on January 1 of this year. “SB 528 allows municipalities to allow accessory dwelling units on land that already has a single-family home, while SB 323 allows duplexes to be built in cities with populations of at least 5,000 people where single-family homes are allowed.”