Montana homeowners defend new pro-housing laws  

September 27, 2024; Missoula, MT: Two Montana property owners are wading into the legal battle over Montana’s pro-housing laws enacted last year. Dubbed the “Montana Miracle,” the legislation makes it easier for Montanans to create much-needed housing, specifically duplexes and accessory dwelling units (ADUs). Almost immediately, the new laws were challenged in a court case that’s gone all the way up to the state Supreme Court, which sent the case back to the trial court.  

On Tuesday, the court granted one property owner’s request to intervene in the case in support of the new laws. David Kuhnle filed a motion to intervene in the case in February, arguing that the laws are not only good policy, but are constitutional. Kuhnle, a Missoula homeowner, wants to build an ADU on his property.  

Today, another property owner asked the court to intervene in the case as well. Clancy Kenck, a 73-year-old retiree, bought property in Missoula with plans to build a duplex for himself and his two disabled Vietnam veteran brothers to live independently yet near supportive family. Those plans would be thwarted if the new laws are overturned.  

“Property owners have a right to use their own property productively, which includes the right to build more housing options,” said David McDonald, an attorney at Pacific Legal Foundation. “The new state laws expand property rights and do not violate the Constitution. We look forward to defending these laws on behalf of Montana property owners.”  

Kuhnle and Kenck are represented free of charge by Pacific Legal Foundation. The case is Montanans Against Irresponsible Densification v. State of Montana.