County wide Zoning efforts in the wake of the voter passed Interim Zoning Initiative that limits development to one dwelling per two acres, combined with some very interesting election results, have to stand out as news making events of the past year. It is also noteworthy that both those top news issues, along with several other newsworthy events of the past year, share a common thread: litigation. Several court cases, many of them still ongoing, give us a raw outline of the year's most important issues. We saw lawsuits filed over zoning, over election processes, over the establishment of a county board, over the subdivision review process, even a lawsuit over the settlement of a lawsuit over the subdivision process. 2007, it seems, in retrospect, might be aptly named the Year of Litigation.

County commission expanded to five members

Perhaps the single most significant event in the county during 2007 was the seating of a five-person Board of County Commissioners. Although the ballot issue authorizing the change was approved by the voters in November, 2006, the legitimacy of that ballot measure and another shortening the terms of office from 6 to 4 years was challenged in court. It was not at all sure at the beginning of 2007 whether a five-person commission would actually be created or not.

Court reviews legitimacy of ballot issues

On January 31, 2007, Missoula District Court Judge John Larson heard arguments in a case challenging the validity of two successful county ballot issues. One increasing the number of commissioners from 3 to 5, and the other shortening terms of office from 6 years to 4 years. The lawsuit, spearheaded by former legislator and local insurance salesman Fred Thomas, also questioned the form of Ravalli County government, arguing that the county never legally adopted the "Commission Form of Government" and therefore could not have more than three commissioners.

On February 6, 2007, Larson ruled that primary elections could go forward to increase the number of commissioners to five, but only three seats would be open. The "holdover commissioners," Alan Thompson and Greg Chilcott, would retain their seats, but then recently elected commissioner Howard Lyons was required to run again. And two new seats would also be up for election.

The outcome of that election on April 3, 2007 changed the face of local government in more ways than simply increasing it in size. It turned a Republican-dominated three-person commission into a five-person commission including two Democrats and an Independent.

Thomas et al, tried unsuccessfully to get Judge Larson to change his mind about Lyons having to run. They wanted the judge to consider Lyons a "holdover commissioner" like Thompson and Chilcott and exempt him from the elections. Larson stuck to his original idea and Lyons did run in the election against Independent Carlotta Grandstaff and lost to her by a significant margin.

By late September, 2007, as part of his final ruling in the case, Larson also established that the terms of the "holdover commissioners" Thompson and Chilcott will both expire on January 1, 2009. This means that both those seats will be up for election on November 6, 2008.

County Floodplain Administrator sues Commissioner and Board of Realtors

Besides having to run for office again, Lyons was also plagued during his campaign by allegations of intimidation. Charges were eventually filed in court over that matter.

Ravalli County Floodplain Administrator Laura Hendrix filed suit in District Court charging Lyons with violation of the Montana Anti-Intimidation Act, with intentional infliction of emotional distress and with violating her constitutional right to perform her official duties in a safe, healthy and pleasant environment, free from illegal intimidation. Hendrix has also leveled charges in the same lawsuit against the Bitterroot Valley Board of Realtors alleging that the group defamed her, harmed her reputation, and tried to interfere with her work by publishing a message designed to intimidate her and pressure her to back off from her enforcement responsibilities. That case is still ongoing.

Election Results

The two Democratic candidates, Kathleen Driscoll and Jim Rokosch, handily defeated their Republican opponents. Driscoll beat Republican Carolyn Weisbescker by almost 1,000 votes; 5,018 to 4,194. Rokosch did a little better, beating Republican Dave Hurtt by over 1,000 votes; 5,108 to 4,053. Carlotta Grandstaff, an Independent candidate, walked away with the District 5 seat, trouncing Republican candidate and incumbent Howard Lyons, 5,601 to 3,556.

Only about one third of the eligible voters cast ballots in the June 5, election. The number of registered voters in Ravalli county is 29,203. Only 9,411 people voted, making the voter turnout 32.2 percent.

Lords' Lawsuit

A lawsuit was filed in federal court in January protesting the treatment received by landowner Rebecka Lords in the Ravalli County subdivision review process. The case ballooned to include 13 additional plaintiffs with millions of dollars in damages at stake.

The plaintiffs were asking for damages, attorney fees, and punitive damages, seeking to punish the county for what their attorney, Bill VanCanagan, called, "an abuse of governmental power which shocks the conscience." The county was accused of purposefully, maliciously and intentionally violating the plaintiff's rights under the Due Process clause of the 14th Amendment to the U.S. Constitution.

The lawsuit also challenged the constitutionality of the county's recently adopted Interim Zoning Initiative which limits density to one dwelling per two acres, as well as County Attorney George Corn's determination that it would apply to subdivision applications already in the process at the time of passage. The court was asked to declare the density restriction null and void.

The case was settled out of court on June 5, just a few days prior to the new county commissioners taking office. The county agreed to allow the developers to re-apply for subdivision approval and exempted them from meeting the Interim Zoning requirement that limits density to one dwelling per two acres.

Lawsuit filed challenging settlement agreement of Lords' lawsuit

Bitterrooters for Planning and Phil Taylor, author of the Interim Zoning Initiative, then filed a lawsuit challenging the settlement agreement arrived at in the Lords case. They asked a District Court Judge for a temporary restraining order to prohibit the Commissioners from filing the settlement agreement in federal court. They also asked for a permanent injunction and that the settlement agreement be set aside or annulled by the court to prevent its implementation. They claimed that the county violated the public's right to meaningful participation and comment by not providing the settlement documents for the public to examine before the meeting at which it was approved.

E-mail records obtained by the Bitterroot Star showed that the settlement agreement was preceded by a long series of communications between various attorneys, the county planning office, and the county commissioners. None of this was disclosed prior to the decision to settle the lawsuit, however. In fact no information about the settlement agreement long under discussion was disclosed to the public despite repeated requests by Phil Taylor right up until the very meeting at which it was considered for approval. They asked District Court Judge Jeffrey Langton to grant an Injunction halting implementation of the settlement agreement by the county.

In October of 2007, Judge Langton, in a hand written note on the face of the original filing, inked a one word denial to grant that Injunction. That decision was appealed to the Montana Supreme Court.

In December 2007, the Supreme Court remanded the decision back to Langton, asking him for his rationale and also stopped implementation of the settlement agreement in the meantime.

Citizens sue Board of Adjustments

The Ravalli County Board of Adjustments also found itself in court this past year after approving a variance to the Interim Zoning density restriction of one dwelling per two acres. In July, the BOA agreed to grant a variance to the Interim Zoning density limitations allowing developer Russ Hunt to build 14 condominium units on 3.5 acres near Corvallis. The County Commissioners considered the matter but declined to take action against the Board. Bitterrooters for Planning filed suit challenging the Board's jurisdiction and claiming that the decision was arbitrary and capricious. The case is still pending.

Poker Joe fishing access site contested in court

Another lawsuit making news this year was over public access to the Poker Joe Fishing Access Site near Florence. Property owners living adjacent to the Poker Joe access blocked the road to prevent its use by the public. They claimed that Montana Department of Fish, Wildlife and Parks did have access as the agency that bought the land but that the general public did not have a right to access there. They complained about the trash, the noise, the partying and the trespassing associated with the site.

FWP officials disagreed and filed in District court seeking an Injunction to keep the access road open. Attempts at a settlement waffled, failed, restarted and finally worked. The agency agreed to make certain improvements and meet certain expectations of service and the property owners agreed to accept public access.

Supreme Court hears oral arguments in the Mitchell Slough case

Another lawsuit that could significantly affect public access to streams and rivers in the valley and the state got a hearing before the Montana Supreme Court this year. On October 10, 2007, the Court heard oral arguments concerning the status of Mitchell Slough, a 16-mile long side channel of the Bitterroot River between Corvallis and Stevensville. The Bitterroot River Protection Association and state FWP department appealed a lower court decision that allowed the slough to be removed from regulation under the Natural Streambed and Land Preservation Act (310 Law) and removed from public access under the Stream Access Law.

The lawsuit originally arose when BRPA sued the Bitterroot Conservation District over its decision to remove it from the 310 Law. A coalition of landowners joined the suit, arguing that public fishing access should also be denied because the water body was really a ditch.

District Court Judge Ted Mizner ruled against BRPA and FWP, but not because the slough was a ditch. He recognized that Mitchell Slough was not a man-made ditch. But he also judged that the old side-channel and slough had been significantly altered by the placement of head gates, installation of riprap, dredging and other alterations to the point that it was "no longer natural" and thus not subject to the laws that apply to "natural streams," such as the 310 Law and the Stream Access Law.

BRPA and FWP argued that no amount of alteration can make an historical side channel of a river "no longer natural." They argued that such a ruling, if applied, would apply to most every stream and river in the state and remove them all from protection under the law.

The Bitterroot Conservation District maintained that its decision to remove the slough from the 310 Law was a sound decision and that Mizner's ruling should be upheld, since the slough had been so altered that it was no longer natural. Lawyers for the landowners argued before the court that the water body was indeed a ditch and for that reason not subject to the laws.

Voters approve Bitterroot Valley Community College

Another election producing significant results was held on May 8. In that election voters approved by a narrow margin the creation of a Community College District. The vote was 3,037 in favor with 2,837 voting against. Out of a field of twenty candidates the top seven vote getters were placed on the Board of Trustees of the new district. They are Douglas C. Bower DVM, Greg Seltzer, Patricia Furniss, John Robinson, Anna Vee Brandborg, Jack Eggensperger, and Deborah Rogala. Both the Board of Regents and the State Legislature must also approve the new district before it becomes effective.

Hamilton City Council incumbents dumped

Despite what ever happened or didn't happen (and there is much dispute about it) between various members of the Hamilton City Council and the Mayor this past year, one thing is for certain. Change is in store.

Departing members of the Hamilton City Council include Bob Scott, Robert Sutherland, and DeAnne Harbaugh. The three were often in agreement, especially towards the beginning of the year, on contentious issues that split the council vote. They will soon be replaced by newly elected candidates (November 6, 2007) Jenny West, Al Mitchell, and Joe Petrusaitis. Whatever the dynamics of the past council were, they are going to change now. Exactly how they will change, nobody yet knows.

To be fair, though, the past city council did accomplish a number of things, especially in the last few meetings. There's nothing like "the end is in sight" to motivate people. And it should rightly be noted that the latest rush of city legislation has been largely passed by unanimous votes and large majorities. It was not a last minute "partisan" gulp. It was more like the last minute rush to get a lot of long-lingering business done.

This council deserves credit for finally outlawing alligators, crocodiles, venomous snakes, piranhas, and roosters within the city limits. They did it without any prompting from Homeland Security.

Stevensville growing in leaps and bounds

The Town of Stevensville has been growing in leaps and bounds and not without some problems. Between two new subdivision/annexations, Creekside Meadows and Twin Creeks subdivisions, the city has committed to adding almost 300 additional residences to the town.

At the same time, due to a constellation of circumstances, the town found its police force dwindle to one officer for a short spell at the beginning of the year. Yes, for a short time in January, with one officer serving in Iraq and another on medical leave, Stevensville Police Chief James Marble was chief of himself.

Missing hiker still a mystery

Whatever happened to Barbara Bolick? This questions still haunts the valley today. Her fate remains a mystery following her sudden disappearance while on a short hike up to Bear Creek Overlook.

Bolick was reported missing at the trailhead near Victor on the morning of Wednesday, July 18, 2007. Her hiking companion, Jim Ramaker of California, stated that he turned away for only a few minutes while he and Barbara were near the overlook and she disappeared without a trace.

An extensive search of the area with dogs and infrared cameras from helicopters was conducted and turned up nothing. The Sheriff's office is still looking for any information that could lead them to a few potential witnesses that were seen in the area that day. But that search too has led nowhere.

Anyone with information can contact the Sheriff's office at 363-3033.

Wolves killed

Four wolves were killed in the Bitterroot Valley during the summer of 2007. Three wolves from the Brooks Creek Pack were killed on a ranch near Stevensville following a series of incidences of cattle depredation. One wolf from the Skalkaho Pack was also killed on a ranch south of Hamilton.

Town Pump's Food Bank fundraiser hits $1.15 million

The Town Pump Charitable Foundation, in partnership with food banks across Montana, raised a record $1.15 million to help feed Montana's hungry. The local Pantry Partners received $7,304, including a $3,000 Foundation match.

"To raise over $1 million in two months is very impressive," said Maureen Kenneally, of the Town Pump Charitable Foundation. "We owe a tremendous amount of gratitude to the thousands of Montanans who so generously contributed to the food bank fundraiser."

The money is used to purchase perishable food items such as milk, bread, fruit and vegetables. And it helps many food bank organizations operate with payment of rent, utilities, storage, refrigeration and freezer space.

The total for the sixth annual "Be a Friend in Deed, Helping Those in Need" campaign, which ended Nov. 30, included a $250,000 matching donation from the Foundation. Money was collected at all Town Pump locations, including its convenience stores, casinos, and motels.

The 2007 campaign raised about $200,000 more than the previous year and brings the six-year total to nearly $3.5 million for Montana food banks. The Town Pump Charitable Foundation has contributed $850,000 to the campaigns in those six years.

"Our goal every year is two-fold," added Kenneally. "To raise funds to help feed our hungry neighbors and to raise awareness about the hunger issue in Montana in general. Thanks to the generosity of individual Montanans, those goals have been met in resounding fashion."

Rooster's Leather Roost

By Gretchen L. Langton

Too bad this can't be a scratch and sniff story. If it was, you could smell the sweetness of leather that emanates from Rooster's Saddlery when I open the door. This cozy shop is located off Old Corvallis Road, at 49 Angel Lane in Hamilton. The walls are lined with breast collars and head stalls, whips, and woven cinches. Behind the glass display cases filled with intricately tooled spur straps, key chains, leather wrist cuffs, knife scabbards, and shiny conchos, stand Royce Vallejo and his sister Darcy Cody. "I do the paperwork," Darcy states. "She's co-owner," corrects Royce fondly.

I can barely write fast enough to keep up as these two weave the story of their family history in Montana. "Four generations of our family have lived here (in Montana). They homesteaded in Big Sandy," says Royce with pride. Darcy adds, "Great Aunt Florence Crowfoot was the first white baby born on Lonesome Prairie." Darcy was born back east but raised in and out of the Bitterroot. Four years Darcy's junior, Royce was born in Great Falls.

Royce describes himself as a "jack of all trades"; he was a lineman and technician for AT&T, he owned a taxidermy business, he's built cabinets, he's been working guided hunts in the Bob Marshall since 2001. "I've been to the Chinese Wall in the Bob 26 times," he states with as much awe as anything. Royce speaks with reverence about the mountains he has traversed because he would rather be there than any place else. "I've gone out for a day and come back a week later."

Royce has loved leather for nearly as long as he has loved the mountains; he's been tooling and braiding leather since he was twelve. When Royce went to school to hone his leather-working skills, he chose the Spokane Falls saddle-making program. He graduated in 2005 and was one of the last students to go through this program.

"At school, they said I was tool heavy," he recalls with humor. He's not denying it. Royce has been "collecting sewing machines for thirty years" (he has thirteen of them) and is looking to expand his bursting-at-the-seams workspace "another twelve feet to the south" soon. His vast selection of leather punches meticulously line the north wall of the shop. "Tools rule," Royce tells me. Every pattern, every cut, every indentation, every step of the saddle-making process, requires its own specialized tool. And these tools are not cheap. Royce points out one particular leather stamp that "costs one hundred and fifty dollars." It's the size of a pencil and has a pattern on its end. As he picks out a few stamps and begins to tap out patterns on a scrap of leather with his mallet, I can see he has a real skill for this art form. Not too shallow, not too deep, every stroke is the same; the lines are clear and clean.

He demonstrates his craft on a large, flat, rectangular stone set into the countertop. Royce tells me that on the other side of this stone is a misspelled name, "Weaver." This takes me a minute to figure out. It's a headstone and the perfect surface with just enough resistance. Terry Cody, Darcy's husband leans on the display case and says, "You can hear him all the way in the house" when he pounds on the stone.

Royce's favorite thing to make is the traditional bullwhip. "It takes a full day's work," he says of the intricate process that involves braiding one layer of kangaroo leather over another three times. "This is the first man-made object to break the speed of sound," he says before effortlessly bringing the whip into motion. The sound of the whip cracking in this small space is akin to being inside a thundercloud. KA-BAM, the "ka" is the wind and the "bam" is the thunder. "I am the first one to give them life. I get the first crack." He's been playing with whips since he was a child. The name of his business came from his childhood: "Grandpa saw me running around being cocky and said, 'There goes my little rooster.'" Grandpa's "little rooster" admits he has given himself some nasty injuries like the time when he was wielding a whip in each hand and raised a welt on his forehead when they became tangled.

Rooster's Saddlery is seeing an upswing in the business after three years in this location. This is true for a number of reasons: the horse industry in the valley is growing, Rooster's is expanding its markets, and Royce's reputation is gaining momentum through word of mouth. He has a mobile leather shop that he takes to rodeos around Montana. On his island workbench are two pairs of chaps he is making for rodeo cowboys. Royce, Darcy, and Terry will be off to Salt Lake City in February for an exhibition sponsored by the Foundation of North American Wild Sheep. It's their second trip to this sportsman's show. Darcy says "30,000 people attend the four-day exhibition." Royce will be delivering a commissioned saddle to a hunter from New Zealand he met there last year. "He can't have it until the show is over though, I want to display it first." He created the design himself, which includes a Red Stag, and two varieties of goats that are found in the mountainous terrain of New Zealand.

Being a self-professed, die-hard hunter, Royce loves to build good equipment for hunters. "I build a saddle to be used," Royce explains. "The guides I have built saddles for beat them up." He says he loves knowing that his saddles can hold up under such use. Utility and artistry together. His saddles are beautiful to behold with their sweeping, curvaceous designs. He takes the curvaceous aspect to a whole new level by intermingling figures of women in some of his designs. Darcy says many people don't notice this until she points the figures out. "Here, follow my finger," she tells them until they see the WW II-style bombshells nestled in the designs. Royce says his rule of thumb is that the ladies of leather must be tasteful.

Royce makes saddles for women as well as men. "Men tend to build saddles for men, but men's and women's bodies are different," he says. He recalls how women have said, "Oh, this is comfortable," after experiencing a seat designed especially for them. "I can make a thirty pound saddle you can rope a bull off of," he says as he shows me a cable rig attached to the tree of a partially assembled saddle.

Royce does repairs, too. He re-fleeces saddles and replaces broken strings and d-rings. He repairs leather purses and saddlebags. He's got eight projects in the works at the moment. But there's always room for more. Rooster's also takes consignments. If you have a project in mind for Rooster's Saddlery, contact Royce or Darcy at 363-2478 or on-line at roosters-saddlery.com.

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