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Commission approves settlement in Camp Marvin case and revokes agricultural covenant
Summary
The board approved a settlement and mutual release of claims related to Camp Marvin v. Flathead County and separately consented to revocation of an agricultural covenant tied to the property, resolving the county's portion of a dispute involving septic and subdivision issues.
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The Flathead County Board of Commissioners on Dec. 2 approved a settlement agreement and mutual release of claims related to Camp Marvin v. Flathead County and then voted to consent to revocation of the property's agricultural covenant.
Deputy County Attorney Tara Fujin described the case as arising from the commission's earlier denial of a minor subdivision and related issues including an agriculture covenant and septic and slope problems. She told the board the settlement resolves the county’s portion of the dispute and includes language to release the agricultural covenant as part of the agreement. "This settlement stems from a lawsuit that was the result of the commissioners' denial of a subdivision," Fujin said.
Fujin told the board that the settlement covers only the commissioners' decision and does not resolve separate issues involving the health department and septic approvals, which remain distinct matters. Commissioners voted to approve the settlement and then separately consented to revoke the agricultural covenant for the property.
The board recorded the motions and passed both items by voice vote. No monetary settlement for county funds was described in the transcript; the deputy county attorney said the intent was to clarify and reword county decision language to sever circular issues in the prior administrative record.
Next steps: the county will effect the covenant revocation and the settlement language will be incorporated into the county record; separate environmental health or septic matters may require further action outside the county commission's settlement.
