No. DA 25-0200 (Mont. Mar. 17, 2026)

In this case, a property-owner group, Montanans Against Irresponsible Densification (MAID) challenged several 2023 Montana housing reforms laws that expanded zoning flexibility (e.g., allowing duplexes and accessory dwelling units) and created the Montana Land Use Planning Act (MLUPA). MAID argued that the laws violated their state constitutional rights relating to public participation and equal protection.  The Montana Supreme Court upheld the constitutionality of the housing reform laws. It took a close look at the notice, participation, and appeal processes available under the MLUPA and found that it provided “ample public participation throughout the adoption, amendment and updates of the land use plan, zoning regulations, and subdivision regulations.” The Court also noted that, “The plain language is clear that continuous and extensive public participation is encouraged at this stage.”

TAKEAWAYS:

The Court held that the Constitution does not require public input at every stage of decision making. It is sufficient if the legislature provides reasonable opportunities to participate, even if those occur at the planning stage rather than individual site approvals.

The Court did not address private restrictive covenants that could limit what can be built, even if zoning laws allow for it. The Court did note that those rights created by restrictive covenants are contract rights to both benefit and burden the parties to that contract. The benefits are not a consequence of the unequal protections of the law, but instead the result of a private contract. MAID had argued that the MLUPA unfairly placed a burden on property owners who were not parties to a restrictive covenant.