Montana Supreme Court upholds housing reforms

Missoula, Montana; March 18, 2026: Yesterday, the Montana Supreme Court upheld what’s been called the “Montana Miracle,” affirming Montanans’ property rights by leaving in place a set of laws that support housing production and affordability across the state. It’s a major win for property owners like Clancy Kenck, who hoped to build a duplex for himself and his disabled veteran brothers.

“We are thrilled that these laws making it easier to build homes for Montanans will stand,” said David McDonald, an attorney at Pacific Legal Foundation. “Property owners have a right to decide how they use their own property, whether for a single-family home, a duplex, or an accessory dwelling unit. The court’s ruling is a major victory for property owners and will allow the creation of more housing in the state.”

In 2023, the State of Montana adopted a set of laws to improve housing affordability and expand opportunities for housing production. The laws were nicknamed the “Montana Miracle” and immediately kickstarted building plans by local property owners who hoped to build duplexes and accessory dwelling units (ADUs) on their properties to house family members or create more living space.

The legislation was challenged by Montanans Against Irresponsible Densification (MAID), who sued to prevent the laws from taking effect. Pacific Legal Foundation represented two Missoula residents, Clancy Kenck and David Kuhnle, who intervened in the case to support the laws’ passage.

The case is MAID v. Montana. Pacific Legal Foundation continues to fight for Americans’ right to build and empower property owners to create more of the housing needed across the country.