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Judge denies Deer Lodge casino motion

By Pat Hansen for The Montana Standard - 12/09/2008

Plastic palm trees are pictured at left in front of the Happy Endings Casino on the north end of Deer Lodge just off Interstate 90.

DEER LODGE — A district judge has denied a motion by the Happy Endings Casino at Deer Lodge concerning controversial plastic palm trees erected at the business.

In October, Judge Ray Dayton upheld the planning board's decision and ruled the casino owners failed to follow local regulations. He ordered them to remove the trees within 30 days.

John and Justin Dehler, casino owners, wanted Dayton to amend that judgment and have another trial, but he refused in his most recent order.

The judge said the owners' focus on the language of the regulations is far too narrow.

The Dehlers have 30 days to appeal Dayton's decision to See CASINO, Page A3 the Montana Supreme Court.

Last year the Dehlers purchased the Country Village — a convenience store, gift shop, gas pumps, casino and restaurant — located just off Interstate 90 on the north end of Deer Lodge.

Justin Dehler submitted a conditional use permit application on Aug. 15, 2007, in which he stated he planned to expand the gambling casino, eliminate the other businesses on the property, erect 50 lighted palm trees, two liquid crystal display signs and three smaller logo signs.

On Sept. 6, 2007, after reviewing the planning department's recommendations and hearing public testimony opposing the palm trees, the board denied the request to install the trees and the LCD signs, but OK'd the balance of the permit.

County planner Ron Hanson informed Dehler by letter that an appeal to the board of adjustment could be filed within 60 days.

No appeal was filed.

Instead, the Dehlers ignored the planning board's decision and installed 25 artificial, though unlighted, palm trees. At the county's request, a temporary restraining order was granted, preventing the erection of any more trees.

In the Oct. 16, 2008, judgment, Judge Dayton upheld the planning board's decision saying it was within the parameters of the county growth policy and zoning regulations. He said the casino owners failed to follow the procedure for appealing the board's decision within 60 days; therefore, the board decision became final. He ordered removal of the trees within 30 days.

The trees haven't been removed. At this time, the Dehlers want to keep the palm trees in place until they have exhausted all appeals, they said.

— Correspondent Pat Hansen may be reached via e-mail at phansen@blackfoot.net.


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