Neighbors are trying to stop this Montanan from caring for his disabled, veteran brothers

Clancy Kenck bought land in Missoula, Montana, with the intention of building a duplex where he and his two older brothers could live. Both his brothers are suffering from declining health issues, and Clancy wanted to provide them with care that would help make their lives a little easier.

The road to executing his plan turned out not to be so simple. While Clancy should have the freedom to build on his own property, he was stopped by a group of local busybodies.

Band of brothers

Clancy is a born-and-bred Montana boy with a big family of seven siblings—three girls and four boys. Among the brothers, Clancy is right in the middle and has a special affinity for his two older brothers, whom he always looked up to and admired. Built much bigger than he was, they held an almost mythical status in his mind. It wasn’t just his admiration for his brothers that had a significant impact on him. He learned a lot from them, both good and bad. As he watched them make mistakes throughout their upbringing, he took great care to take note of their errors in judgment and avoid making those same mistakes in his own life. When the brothers stole his parents’ car for a joyride at night and wrecked it, for example, Clancy made sure not to follow in their footsteps.

When the Vietnam War broke out, the brothers didn’t wait to be drafted. At just 18 and 19 years old, they enlisted and served as a recon Marine and a helicopter door gunner, respectively. While the boys were away, their mother—Italian and a devout Catholic—spent at least an hour a night with her Rosary in hand praying for her sons’ safe return.

Her prayers were answered and her two boys made it back to her alive, but they had been forever changed by the war. Clancy remembers them as shells of themselves, so much different than they had been before. Like countless other Vietnam veterans, his brothers saw horrors beyond their wildest imaginations in the war, and this experience cast a shadow upon their return.

Even today, years later, their war experience weighs on them both mentally and physically.

His brothers wanted to shield him from the horrors they endured, so Clancy never spent time in the military. As he watched them struggle to move past Vietnam, Clancy felt powerless to help them.

Now grown and a retired entrepreneur, Clancy is in a position where he can help provide housing that will make their lives easier. He feels blessed that he was able to stay home and get an education while they went to war. As he says, “I didn’t serve, but this is one way I can serve them.”

Raised by their Italian immigrant mother and a very regimented German father, the kids were taught to be self-sufficient and never to take handouts. They learned that you never spend money you don’t have, never borrow money, and never take money from the government. This has made accepting help, even help from the VA, a hard pill for the brothers to swallow.

One of Clancy’s brothers has cancer—a consequence of the Agent Orange used during the war. In a most unfortunate occurrence, the other brother is also dealing with cancer. There are other health ailments as well, like diabetes. Living closer to Clancy would allow both of them to have the care they need without having to rely on handouts from strangers or government.

Clancy bought two vacant corner lots, where he made plans to build a house for himself and a duplex for his brothers. The plans weren’t extravagant: He wanted a simple place where the upkeep would be easy. Designing the duplex to be accessible was of the utmost importance. The sons’ mother had died falling down a set of stairs, as did Clancy’s best friend. The residence was going to be one level with big doors and entryways to ensure easy and safe navigability.

Clancy’s willingness and dedication to make sure his disabled brothers are taken care of as their health declines is a touching story. But a group of homeowners called Montanans Against Irresponsible Densification (MAID) is doing everything they can to keep Clancy from moving forward with his plan.

The “Montana Miracle” on hold

Government overregulation is usually to blame when an individual’s property rights are stifled. In Clancy’s case, the government actually had been helping to ease housing restrictions. In 2023, Montana legislators passed a series of laws aimed at creating more affordable housing across the state. Understanding the shortages sweeping the nation, Governor Greg Gianforte put together a task force to look for ways the state could combat the housing crisis.

With overwhelming support across the political spectrum, the series of reforms—dubbed the “Montana Miracle”—aimed to encourage new home construction while also being sensitive to the concerns of existing property owners. The Montana Miracle is not only a viable solution for more affordable housing in Montana; it’s also a beacon for the rest of the country that could learn a great deal from the legislative model.

This was great news for Clancy … but before the plans could get underway, MAID sued the state of Montana over the new laws.

Using a single-family lot to build a duplex (or accessory dwelling unit), like Clancy intends, is a hot issue among property owners. Nearby homeowners often worry that these houses will make their neighborhoods less appealing and less valuable, which is why there are property owners calling for harsher housing restrictions.

MAID claims the laws would benefit some property owners at the expense of others by dramatically decreasing the latter’s property values. Their claims are baseless: Studies suggest that adding multi-family dwellings to single-family lots doesn’t negatively impact property values.

A state court injunction halted the laws’ implementation for several months—along with Clancy’s plans for construction. The Montana Supreme Court has since lifted the injunction and the case has resumed, back in trial court.

Pacific Legal Foundation joined Clancy and fellow Montana property owner David Kuhnle in their case as intervenors to defend their property rights against MAID’s misguided efforts.

In this instance, the government deserves credit where credit is due. The Montana legislature did the right thing by easing restrictions to allow property owners to create new housing opportunities for Montanans. Not only will the new laws mitigate the shortage of affordable housing; they also will allow Clancy to care for his brothers, who risked their lives to serve their country and are still dealing with the negative health consequences nearly six decades later. Now it’s time for everyone to get out of the way and let property owners create sound, market-based solutions to the state’s housing crisis.