Montana Supreme Court Greenlights YIMBY Laws
Montana Supreme Court Greenlights YIMBY Laws
Montana's Supreme Court has overturned a lower court ruling, allowing two state laws to increase housing supply to take effect. This decision marks a significant shift in the state's approach to urban development and affordable housing.
Why it matters: These laws could reshape Montana's urban landscape by mandating more diverse housing options in cities, potentially addressing the state's housing shortage but, as always, bringing out the usual NIMBY criticism and faux concerns.
Key Details:
The court reversed a preliminary injunction on laws expanding where duplexes and accessory dwelling units can be built.
The decision allows Senate Bills 323 and 528 to be implemented, affecting cities with populations over 5,000.
The lawsuit, filed by Montanans Against Irresponsible Densification, argued that the laws weren't carefully tailored and threatened existing neighborhoods.
SB 323 requires larger cities to allow duplexes wherever single-family homes are permitted.
SB 528 mandates all cities and towns to allow accessory dwelling units on single-family home lots.
The laws were part of a series of bills passed in the 2023 legislative session to address Montana's housing shortage.
The Supreme Court ruled there wasn't enough evidence to show specific and imminent harm to homeowners challenging the laws.
State of play:
The laws were set to take effect on January 1, 2024, but a lower court judge temporarily halted them.
Retired District Judge Mike Salvagni initially heard the case after the original presiding judge was substituted at the request of the Montana Attorney General's Office.
A five-justice panel of the Montana Supreme Court decided to allow the laws to proceed.
These bills received bipartisan support during the 2023 legislative session.
Senate President Jason Ellsworth (R-Hamilton) praised the court's decision, criticizing the lower court's "judicial activism."
Governor Greg Gianforte also supported the ruling, emphasizing the importance of home ownership and affordable housing.
What's next:
The case returns to the district court for a ruling on the overall merits of the plaintiffs' claims.
Two other related laws are also being challenged in the same lawsuit:
SB 382 establishes a new land-use planning process for cities with a population of over 5,000 and counties with a population of over 70,000.
SB 245 requires certain municipalities to allow multi-unit housing developments in commercial zones.
The bottom line: This ruling represents a win for pro-housing reform advocates but sets the stage for continued debate over urban development in Montana. Implementing these laws could significantly impact housing availability and urban planning across the state.