The Montana Supreme Court has upheld a series of pro-construction housing laws, initiated by a task force from Governor Greg Gianforte and passed by the Legislature in 2023. Justice Beth Baker, along with the court’s seven justices, delivered a 34-page unanimous opinion. Gianforte celebrated the decision, calling it “a landmark victory” that will help make homeownership more attainable for Montanans. The legislation aims to facilitate housing development, focusing on urban areas.
In 2023, bipartisan legislators approved laws promoting high-density housing in cities, prompting “Montanans Against Irresponsible Densification” (MAID) to sue, claiming constitutional violations. The lawsuit contested four specific laws:
- Senate Bill 382 mandates that municipalities with over 5,000 residents plan for growth, minimizing “not in my backyard” opposition.
- Senate Bill 245 requires cities to permit apartment-style housing in commercial zones.
- Senate Bill 323 allows duplex housing on all residential lots within cities.
- Senate Bill 528 supports the construction of accessory dwelling units, or secondary housing structures.
In court, MAID claimed these laws would increase urban density and traffic, overstepping local government authority. They contended that some areas would be disproportionately impacted and that the reforms infringed on constitutional rights to governmental involvement. A Bozeman district court partially agreed, saying the Montana Land Use Planning Act limited public participation, but this was reversed by the Supreme Court. The Supreme Court ruled that the Act does not violate participation rights, ensuring public input remains integral in planning phases.
Additionally, the court dismissed MAID’s claims related to equal protection, ruling that they didn’t sufficiently demonstrate disproportionate impacts on cities or non-covenant neighborhoods. Although Senate Bill 245 was appealed, the court avoided ruling on its constitutionality due to insufficiently developed arguments.
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