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Yellowstone County commissioners hear opposition to Elk River Road traffic restriction; no action taken

Board of County Commissioners · February 24, 2023
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

At a Feb. 24 public hearing on Resolution 23‑14, residents, a local attorney and business owners urged Yellowstone County commissioners not to adopt an ordinance limiting Elk River Road to local traffic, citing statutory limits and a prior court ruling; the board discussed RSID and paving options and scheduled a second hearing for March 7.

The Yellowstone County Board of County Commissioners opened a public hearing Feb. 24 on Resolution 23‑14, a proposed ordinance to limit Elk River Road to local traffic, but took no action and scheduled a second hearing for March 7.

Justin Harkins, an attorney with Crowley Fleck representing the Kirschenmans, told commissioners the ordinance appears to exceed the board’s statutory authority. "There is no law authorizing this board to just ban the public from a public road indefinitely," Harkins said, arguing the statute cited in the resolution applies to controlled‑access highways and does not cover an open rural county road lined with driveways. Harkins also cited the county’s prior litigation loss in Yellowstone County v. Kershko and read portions of Judge Harris’ findings that, he said, confirm…

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