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Two housing density laws survive state Supreme Court challenge

The Montana Supreme Court Tuesday allowed a pair of housing laws to take effect. The laws were passed by the 2023 Legislature with a promise to increase the supply of affordable housing in the state.

The Supreme Court reversed a decision by a lower court that blocked the laws from taking effect.

The laws allow duplexes and accessory dwelling units — things like converted garage or basement apartments — to be built on lots zoned for single-family homes.

A homeowner's group, called Montanans Against Irresponsible Densification or MAID, in December sued to strike down the laws.

A Gallatin County Judge granted MAID’s request to halt enforcement of the laws while the suit progresses.

The Supreme Court reversed that ruling in a unanimous decision. The court found that MAID had not proven the laws would violate any rights if put into action.

The laws can now go into effect while the lawsuit continues in Gallatin County.

John joined the Montana Public Radio team in August 2022. Born and raised in Helena, he graduated from the University of Montana’s School of Media Arts and created the Montana history podcast Land Grab. John can be contacted at john.hooks@umt.edu
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