Court’s wild zoning decision blocks ‘Montana Miracle’

By Christian Britschgi | Reason

In an eyebrow-raising decision, a Montana judge has halted the implementation of two laws legalizing duplexes and accessory dwelling units on residential land across the state, writing that they’d likely do “irreparable” damage to residents of single-family neighborhoods.”With the ‘top-down’ imposition of these measures, Montana’s citizens…stand to suffer. They dread waking up in the morning, with no notice, and a new, more dense, building is being erected in their family neighborhood,” wrote Gallatin County Judge Mike Salvagni  in a Friday opinion granting suing homeowners a requested preliminary injunction against the new laws.
Large majorities in the Montana Legislature had passed duplex and Accessory Dwelling Units (ADU) laws last year as part of a package of reforms that also allowed housing in commercial zones and restricted individuals’ ability to challenge the approval of general plan-compliant housing projects.

Dubbed the “Montana Miracle” by CityLab, the reforms rank as some of the more ambitious housing bills passed by any state legislature last year.

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