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Council passes fire‑department code amendment after legal‑challenge questions; vote 7–3
Summary
The Butte‑Silver Bow Council on July 15 placed Council Bill 2026‑02 on final reading and passed an ordinance amending chapter 2.16 (fire department jurisdiction). County Attorney Anroz said a likely legal challenge would take the form of a declaratory‑judgment action and that the county attorney's office would defend the county; the ordinance passed 7–3.
The Butte‑Silver Bow Council of Commissioners voted 7–3 on July 15 to adopt Council Bill 2026‑02, an ordinance amending chapter 2.16 of the municipal code related to the fire department’s jurisdiction.
Commissioner Morgan moved to place the bill on final reading and pass it; the motion was seconded and advanced to discussion. Commissioner Callahan asked how a likely legal challenge would proceed and who could be named in litigation. County Attorney Anroz responded that challengers would likely bring a declaratory‑judgment action to determine whether the law is lawful and that the county attorney’s office customarily defends the county in such matters: "When a DEC action is filed against the county, if they are not alleging damages, the county attorney's office defends it," Anroz said, adding the county has defended similar actions in recent years.
Anroz said arguments presented in letters from potential challengers included claims related to valuation and taxation, which he said are matters determined by the state, not the county, and noted Montana Supreme Court guidance on taxation of larger businesses versus individual property owners.
The clerk recorded the vote as 7 ayes and 3 nays. The transcript identifies Commissioners Fisher, Callahan and Boyle as the three nays; the ordinance therefore carried 7–3 and will take effect as provided in the ordinance text.
