MSWD files Lawsuit Challenging Flathead Lake Marina Approval

MSWD, on behalf of, Citizens for a Better Flathead has filed a lawsuit in Montana’s Eleventh Judicial District Court challenging Flathead County’s approval of a commercial marina and a related dock variance at 688 Lakeside Boulevard on Flathead Lake  . The suit names the Flathead County Board of County Commissioners and seeks declaratory and injunctive relief concerning two County decisions issued in April 2025 and February 2026.

On April 24, 2025, the County approved FLP-25-28, authorizing a commercial marina that includes multiple docks and 36 boat slips. On February 3, 2026, the County approved FLV-25-08, granting a variance to allow construction of a 159-foot dock associated with the marina  . The complaint alleges that these approvals were issued without compliance with procedural and substantive requirements of the Lakeshore Protection Act and related public participation statutes.

The plaintiffs allege, among other things, that the County did not consult the Planning Board, did not prepare an environmental impact statement for the variance, and did not provide legally sufficient notice or a meaningful opportunity for public participation prior to approval. Adjacent landowners submitted an affidavit stating they did not receive notice of the approvals and outlining concerns related to shoreline impacts and nearby Stoner Creek  .

In addition to the complaint, the plaintiffs have filed a motion seeking a temporary restraining order and preliminary injunction to halt further activity authorized under the marina permit and dock variance while the case is pending  . Citizens for a Better Flathead is represented in the matter by Robert Farris-Olsen and David K.W. Wilson, Jr., of Morrison Sherwood Wilson & Deola, PLLP