Settlement or not? Neighborhood, county at odds over gravel pit expansion

Martin Kidston

(Missoula Current) A Bitterroot Valley organization remains at odds with Missoula County over a lawsuit surrounding the approved expansion of a Lolo gravel pit and whether a settlement agreement has been reached through mediation.

Missoula County last week approved a settlement with Carlton Protection Trust and its lawsuit against the county. The suit stems from the county's approved expansion of an existing gravel pit operated by Western Materials off Highway 93.

During an administration meeting last week, deputy county attorney Brian West told commissioners that a settlement had been reached. Among other things, it would require the county to write a letter of support to the Montana Department of Transportation regarding safety concerns on Highway 93. It also requires the county to conduct inspections to ensure the gravel pit is operating in accordance with zoning and permitting.

Commissioners approved the agreement during the meeting.

However, Carlton Protection Trust said no such agreement had been reached, giving commissioner's nothing to approve. The mediator's court filing from last week confirms the lack of an agreement, “and this is our position until a settlement contract is signed,” the trust told the Missoula Current.

“This is a shocking tactic from Missoula County but not surprising given the case we are dealing with here,” the trust stated through its president, Sephane Fort. “Over the last 30 years, Missoula County has failed to protect the Carlton neighborhood from an ever-expanding gravel pit in a residentially zoned area.”

After six months and five hearings, commissioners in 2024 approved the expansion of Western Material's gravel pit in an area initially zoned only for residential development between Lolo and Florence.

At the time, area residents threatened to sue the county over the decision – an issue that Carlton Protection Trust claims is ongoing and without resolve. The trust said approval of the expansion was unlawful.

“Our organization, which represents neighboring landowners, brought these facts to the county commissioners in 2024-2025, but the illegal status of the mining operation was ignored,” Fort said. “The county approved the expansion of this mine, and it is now, again, trying to force its way on the residents ... by using some dubious and underhanded tactics. It is our position that there is no legally binding settlement contract between the county and Carlton Protection Trust.”

But when asked, county officials said they stand by their belief that a settlement agreement has been reached.

“The county's position is that we have an enforceable settlement agreement, regardless of Carlton Protection Trust's comments,” county communications manager Allison Franz told the Missoula Current. “We are currently waiting on the mediator to file an amended report reflecting that settlement was indeed reached with the county, but not with Western Materials.”

Carlton Protection Trust also believes that since it has no settlement agreement, the terms of any potential agreement should be kept confidential. However, the county disagrees with that assertion as well.

“All terms of the settlement with the county … were designated as non-confidential under the agreement because they needed to be presented to the commissioners,” Franz said.