County attorney notifies commission of EW Media records suit; settlement approved tied to MDT letter and inspections

Missoula County's attorney told the commission that EW Media LLC has filed a records-request lawsuit (docket number cited in the meeting) seeking materials from the county attorney's files in two criminal cases. The attorney said the county declined to produce the files because they contain confidential criminal justice information and that the county will "acknowledge service," file an answer and ask Judge John Larson to review the files in camera to determine what may be released; the attorney estimated that process could take about three months.

Shortly after the notice, county counsel asked the commission to approve a settlement agreement resolving claims between Carlton Protective Trust and Missoula County related to operations by Western Materials. Under the terms described in the meeting, Missoula County would provide a letter of support to the Montana Department of Transportation about safety concerns on Highway 93 and Old Highway 93 near a gravel pit, and the county would conduct any inspections required by law regarding zoning and permitting compliance by Western Materials, including follow-up on variance conditions tied to prior approvals.

A commissioner said he was glad the private parties were talking to each other; the county attorney said the settlement would be communicated to the parties and that the county would expect a release from Carlton Protective Trust in the near future. The commission moved to approve the settlement and approved it by voice vote.

The county attorney characterized the EW Media matter as a records request that the office believes requires a court order before release; the settlement is a separate matter that the county handled through mediation and commission approval.