Preliminary injunction denied

SEELEY LAKE - District Court Judge Karen Townsend denied a motion by Don Larson for a preliminary injunction against the Seeley Lake Sewer District Oct. 1. Larson is suing the Sewer District and Missoula County to prevent the district from moving the planned sewer project forward and seeking legal fees and damages.

The motion for a preliminary injunction was filed in July and a hearing was held Aug. 14. At the hearing, Larson and his attorney Colleen Dowdall made the argument that if the District continues to work toward constructing the planned sewer system, Larson and the community would be irreparably harmed.

The Sewer District’s attorney Jon Beal countered that Larson can’t speak for the community as it was not a class action lawsuit and that Larson was not an expert on several things he testified to. In addition, the District would be irreparably harmed if millions of dollars in grants were lost as a result of the preliminary injunction.

Townsend didn’t take action on the preliminary injunction at the hearing and indicated her decision would come after she had a chance to review the full brief opposing the motion.

At the end of August, Dowdall filed an amended complaint adding approximately 50 additional plaintiffs and a motion to withdraw the motion for a preliminary injunction.

Townsend denied the motion stating that it was untimely to withdraw the motion for a preliminary injunction after a hearing had been held. Townsend also wrote that the court was required to find facts and state conclusions of law in granting or refusing an injunction.

In the Findings of Fact, Conclusions of Law and Order Denying Motion for Preliminary Injunction, Townsend wrote that Larson’s opinions regarding the current state of water quality and how to fix it lacked technical credentials to support his conclusions.

Townsend stated that Larson failed to show the irreparable harm he would suffer if a preliminary injunction were not granted and that he failed to show a likelihood of success on the merits of the lawsuit.

At the time of the hearing Larson was the sole plaintiff. Townsend wrote “Even if Mr. Larson is correct that some low income residents will be burdened by sewer assessments, Mr. Larson does not represent persons who do not appear as litigants in this lawsuit.”

Despite the preliminary injunction being denied, Dowdell told the Pathfinder that the lawsuit would continue.

As of press time, no hearings are scheduled for the case.