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Homeowners group sues over Montana's new housing density laws

Apartment complex
(PD)

A group of homeowners in several of Montana’s largest cities are suing the state over new housing laws that they said are unconstitutional.

The group, called Montanans Against Irresponsible Densification, are challenging four bipartisan laws passed last legislative session aimed at increasing the state’s housing supply.

According to their complaint filed in Gallatin County District Court, the plaintiffs live in neighborhoods “characterized by single-family homes, attractive well-maintained yards and quiet streets.” Their attorney, Jim Goetz, said these laws jeopardize the values of their homes.

“All of a sudden, they face, without ultimate hearing, these so-called densification measures,” Goetz said.

Goetz specifically points to zoning reforms that would allow multi-family housing in neighborhoods zoned for single-family units. The suit argues the four laws violate the homeowners constitutional rights to public participation, equal protection and due process.

The suit also says the laws usurp the authority of local governments.

Attorney General Austin Knudsen is the sole defendant in the case. His office said in a statement he is considering next steps.

Gov. Greg Gianforte has championed the legislation. A spokesperson for the governor said he’s proud of the pro-housing reforms that are now law.

Shaylee covers state government and politics for Montana Public Radio. Please share tips, questions and concerns at 406-539-1677 or shaylee.ragar@mso.umt.edu.  
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