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Polson commission approves $40,000 settlement

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POLSON – The Polson City Commission will pay B&I Holdings LLC $40,000 over litigation that Interim City Manager Wade Nash said had to do with “suspected trespassing on private property.” The document approved by the commission references disputes over rights to the use of a waterline extension. According to previous Polson City Commission meeting minutes, real estate developer Mike Maddy owns B&I Holdings LLC. 

The document approved by the commission and drafted by City Attorney Clint Fischer stated that the City of Polson would forgive lease payments that B&I Holdings LLC failed to pay in the past in lieu of a portion of the $40,000 settlement. B&I Holdings LLC will dismiss the litigation when they receive the agreed upon amount. The City of Polson will be allowed to continue using the waterline extension, the source of the dispute, unless B&I Holdings LLC decides to develop the land in such a way that the lines must be moved. In that case, the company will allow the City of Polson to relocate the waterline. 

Nash said the litigation had been ongoing for more than two years. Mayor Paul Briney and Commissioners Ian Donovan, Brodie Moll and Bob Martin were the commissioners present at the meeting. All voted to approve the settlement.

“It would be best to resolve this issue and move forward,” Nash said, recommending the commission approve the settlement.

In other commission business, City of Polson Code Compliance Officer Matt Ellermann told the commission he presented to the Montana House Judiciary Committee to advocate for changes to the definition of a home that has been contaminated by methamphetamine.

According to the Montana Code Annotated, property owners can only receive support from the state of Montana for cleanup of a residence where meth has been manufactured. Ellerman said homes where meth has been used but not manufactured should also qualify for assistance. 

He said that when the drug is used in a home, it could get into the drywall and have negative health impacts on residents. According to Ellerman, his presentation was well received. He hopes to see action taken by legislators in the current or next legislative session.

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