Lewis and Clark County officials scored a legal victory this week when a state District Court judge ruled they had followed procedures laid out in state law when enacting zoning regulations last year.

Judge Jeffrey Sherlock's ruling may not be the last chapter in an ongoing lawsuit over the county's zoning regulations for the Helena Valley, but officials said Tuesday's written order legitimized their efforts to guide residential growth through zoning rules.

"This is a nice one to win," county Commission Chairman Mike Murray said. "It reaffirms what we're trying to do."

"We're pleased with the decision," County Administrator Ron Alles said. "We felt that we were in the right ... and I think the judge just confirmed that."

Sherlock ruled the county had been correct in voiding permanent zoning rules passed last November after officials were notified they hadn't followed all of the public-notice provisions required under state law.

Plaintiffs Mike Fasbender and John Herrin argued that officials had "substantially" met those rules by publishing three of four required legal notices.

Fasbender initially notified a reporter that officials had made the mistake, prompting officials to nullify the rules.

Sherlock also said the county was correct in its assertion that officials didn't need to allow a public protest period for interim zoning regulations commissioners approved in December.

While the plaintiffs' attorney, Bill Gallagher, argued two different sections of state law were one and the same -- meaning officials would have to allow 30 days for citizen protests of the regulations -- county attorneys maintained the two statutes govern two separate processes. Sherlock agreed with the county.

"To require (officials) ... to create a protest period would create a ridiculous situation where there would be absolutely no reason to have a specific statutory requirement on emergency interim zoning," the judge wrote.

Gallagher said Fasbender and Herrin may take the issue to the state Supreme Court or to the 2009 Legislature.

"That's our position, that there should be a protest available to protect us from rogue county commissions ... statewide," he said.

Fasbender and Herrin, both Helena Valley residents who have attempted to develop land in the area, still contest the county's stance that increased amounts of nitrogen and other contaminants pose a water-quality emergency in the valley -- the basis commissioners used in May to pass interim zoning rules.

Gallagher said Fasbender and Herrin haven't decided whether to pursue the issue to the trial, which is set for October 2008.

But County Administrator Ron Alles remained confident in the county's reasoning.

He pointed to existing studies showing increased levels of nitrogen in valley wells and said the county is doing more to study the issue. An upcoming groundwater vulnerability study will further detail areas of the valley susceptible to contamination.

County officials enacted the zoning rules, which require Level II treatment systems instead of typical septic systems, as a way to lessen the impact of development on the valley's groundwater.

"Absolutely we stand behind that reasoning," Alles said. "We already have problems out there. Let's not create more problems that will cost us millions of dollars in the future.

"To me, we shouldn't be having a debate over interim zoning," he added. "We should be talking about land use and comprehensive zoning for Lewis and Clark County."

The county will continue to work to "stop the free-for-all that's occurring right now," Alles said. "That isn't good growth. It doesn't mean we shouldn't have growth -- no one's said that. But the growth needs to be guided."

Gallagher said he and his clients aren't convinced a water-quality issue exists.

"There is still a lot of debate going on as to whether or not there is a water-quality concern, much less an emergency, and whether or not zoning was the proper tool to remedy that concern or theoretical emergency," he said.

Gallagher said he and his clients will continue to monitor the county's actions and choose battles when they think it's necessary.

The county's interim zoning rules, approved in May, could stay in effect through May 2009, if commissioners opt to use a one-year extension allowed under state law.

A working group of smart-growth advocates, builders and local officials has been working to develop proposed rules that could supplant the interim zoning regulations.

Zoning timeline

- November 2006 -- Following a public hearing and a narrowly unsuccessful citizen's protest, county commissioners approve permanent zoning rules for the Helena Valley. They subsequently void those regulations after learning they failed to provide adequate public notice.

- December 2006 -- Commissioners approve interim zoning rules. Mike Fasbender and John Herrin file their lawsuit about a week later.

- March 2007 -- District Judge Jeffrey Sherlock throws out the interim zoning rules after determining officials failed to give the public adequate time to consider water-quality information used as a basis for the regulations.

- May 2007 -- Commissioners pass new interim regulations for the valley. The rules will stay in effect for at least a year, with one possible year-long extension.

- Tuesday -- Sherlock sides with the county on two issues contained in Fasbender's and Herrin's lawsuit.

- October 2008 -- The lawsuit may go before a jury.

Reporter Larry Kline: 447-4075 or larry.kline@helenair.com.