Court asked to dismiss lawsuit

SEELEY LAKE - Seeley Lake Sewer District attorney Jon Beal filed a motion Oct. 12 asking the court to dismiss the lawsuit against the District and Missoula County initiated by Don Larson. The motion to dismiss also asks the court to award attorney’s fees to the District.

Larson and approximately 50 landowners and residents have sued claiming the District mishandled the protest process, failed to provide reliable financial information about the project including estimates for future phases, disenfranchised renters, failed to answer questions from the public, violated campaign ethics and made decisions while the board was confused and lacked understanding.

The motion calls Larson’s accusations “nothing more than speculative allegations of future harm to the public.” It goes on to argue that claims of harm can only be made “after assessments have been levied and paid under protest,” and that no assessments for construction have been levied or paid.

According to the motion and supporting brief, plaintiffs have failed to make their case as to how any of them were actually harmed by the District or how they were deprived of their constitutional rights.

In asking for Larson to pay attorney’s fees the motion states that the District “did nothing more than comply with a lawful process to protect the public health and safety of the Seeley Lake residents.”

In an email to the Pathfinder, Larson’s attorney Colleen Dowdall declined to comment specifically on the District’s motion to dismiss the lawsuit.