Legals for May, 3 2024
PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW Montana Retail On-Premises Consumption Restaurant Beer and Wine with Catering Endorsement License IRON CREEK CAFE AND CANTINA LLC (Kelly Lister and Terry Lister, Owner(s)) has applied for one new Montana Retail On-Premises Consumption Restaurant Beer and Wine with Catering Endorsement License No. 56-935-4340-402 to be operated at IRON CREEK CAFE AND CANTINA, 1410 E Missoula Ave, Troy, Lincoln County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Lincoln County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 56-935-4340-402 and the applicant’s name IRON CREEK CAFE AND CANTINA LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before May 13, 2024. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Troy. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Breanna Gill, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-0710 or Breanna.Gill@mt.gov PUBLISHED IN The Western News April 12, 19, 26 & May 3, 2024. MNAXLP
C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W. P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In The Matter of The Estate of DENNIS W. DUNNING Deceased Cause No. DP-24-37 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to Dianne Dunning Personal Representative by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED April 16, 2024. s/ Diane Dunning Personal Representative Personal Representative’s Attorneys: Hash, O’Brien, Biby & Murray, PLLP By s/ C Mark Hash PUBLISHED IN The Western News April 19, 26 & May 3, 2024. MNAXLP
MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY FAITH CHRISTIAN CENTER, INC., Plaintiff, vs. SARAH REYNOLDS, GRACIE STEELE, ANGELA FLATHERS, LUCIENDA * VETTER, ANY OTHER HEIRS AND DEVISEES OF WAYNE N. RICHARDSON, and all other persons, unknown, claiming or who might claim any right, title, estate or interest in or encumbrance upon the real property described in the Amended Complaint, or any part thereof, adverse to Plaintiffs ownership or any cloud upon Plaintiffs title thereto, whether such claim or possible claim be present or contingent, Defendants. Cause No. DV-22-159 SUMMONS BY PUBLICATION TO HEIRS AND DEVISEES OF WAYNE N. RICHARDSON AND TO ALL UNKNOWN PERSONS THE STATE OF MONTANA SENDS GREETINGS TO THE HEIRS AND DEVISEES OF WAYNE N. RICHARDSON and to all persons, unknown, claiming or who might claim any right, title, estate or interest in or encumbrance upon the real property described in the Amended Complaint adverse to Plaintiffs ownership or any cloud upon Plaintiffs title thereto, whether such claim or possible claim be present or contingent: YOU ARE HEREBY SUMMONED to appear and answer the Amended Complaint in this action which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon you, and to file your Answer and serve a copy thereof upon the Plaintiffs attorney within twenty-one (21) days after the date of last publication hereof, and in case of your failure to appear or answer, judgment will be taken against you, by default for the relief demanded in the Amended Complaint. The object of the above-entitled action is, inter alia, to quiet title in the Plaintiff free from any and all claims of any party, known or unknown, that has or may claim an interest adverse to those set forth above in and to the following described real property situated in Lincoln County, Montana, to-wit: The south 200 by 218 feet of Lot 1 Government Lot 12, Section 20, Township 31 North, Range 33 West, M.P.M., according to the plat thereof on file in the office of the Clerk and Recorder of Lincoln County, Montana. WITNESS my hand and the seal of said court, this: CLERK OF DISTRICT COURT s/ A. Eckart, Deputy Deputy Clerk Karl K. Rudbach HASH, O’BRIEN, BIBY & MURRAY, PLLP 136 First Avenue W. Kalispell, MT 59901 Telephone: (406) 755-6919 karl@hashlaw.com PUBLISHED IN The Western News April 19, 26 & May 3, 2024. MNAXLP
NOTICE OF A PUBLIC COMMENT PERIOD AND PUBLIC HEARING FOR THE UPDATE TO THE CITY OF LIBBY SUBDIVISION REGULATIONS The Libby Planning Board has prepared a draft update to the City of Libby Subdivision Regulations to address changes to state law, add floodplain provisions, and clarify watercourse setback requirements. The City of Libby Planning Board invites you to provide comment on the proposed updates. The public comment period ends on May 6, 2024. A public hearing on the draft update to the City of Libby Subdivision Regulations will be conducted by the Libby City Council on May 6, 2014, 6:30 p.m. at the Libby City Hall, 952 East Spruce Street, Libby, MT. For additional information or to provide written comments please contact City of Libby, 952 East Spruce Street or mail PO Box 1428, Libby, Montana 59923. The public comment period ends on May 6, 2024. The draft Subdivision Regulation Updates can be viewed at Libby City Hall. ADA Notice: The City of Libby is committed to providing access to persons with disabilities for its meetings in compliance with Title II of the Americans with Disabilities Act and the Montana Human Rights Act. The city will not exclude persons with disabilities from participation at its meetings or otherwise deny them the City’s services, programs, or activities. Persons with disabilities requiring accommodations to participate in the City’s meetings, services, programs, or activities should contact the City Clerk as soon as possible to allow sufficient time to arrange for the requested accommodation, at any of the following: PUBLISHED IN The Western News April 26 & May 3, 2024. MNAXLP
NOTICE OF A PUBLIC COMMENT PERIOD AND PUBLIC HEARING FOR THE UPDATE TO THE CITY OF LIBBY GROWTH POLICY The Libby Planning Board has prepared a Future Land Use Map for the City of Libby and the planning area around the city. The City proposes to update the City Growth Policy to include the Future Land Use Map. A Future Land Use Map is required by Montana State Law to be included in the Growth Policy to ensure future zoning decisions are made in compliance with the Growth Policy. The Planning Board has prepared a map designated general land use categories within the planning area outside of the City Limits. The designation of land use categories on lands outside the city does not indicate that the land is zoned, it is only meant to be a guide for City staff, Planning Board, and Council on future land use decisions that may affect these areas. The City of Libby invites you to provide comment on the Future Land Use Map that will be added to the City Growth Policy. The public comment period ends on May 6, 2024. A public hearing on the draft Future Land Use Map will be conducted by the Libby City Council on May 6, 2014, 6:00 p.m. at the Libby City Hall, 952 East Spruce Street, Libby, MT. For additional information or to provide written comments please contact City of Libby, 952 East Spruce Street or mail PO Box 1428, Libby, Montana 59923. The public comment period ends on May 6, 2024. The draft Future Land Use Map can be viewed at Libby City Hall. ADA Notice: The City of Libby is committed to providing access to persons with disabilities for its meetings in compliance with Title II of the Americans with Disabilities Act and the Montana Human Rights Act. The city will not exclude persons with disabilities from participation at its meetings or otherwise deny them the City’s services, programs, or activities. Persons with disabilities requiring accommodations to participate in the City’s meetings, services, programs, or activities should contact the City Clerk as soon as possible to allow sufficient time to arrange for the requested accommodation, at any of the following: PUBLISHED IN The Westrn News April 26 & May 3, 2024. MNAXLP
Notice of Public Comment Period for Noble Investment Properties, LLC & Morrison Maierle Floodplain Permit Application Noble Investment Properties, LLC and Morrison Maierle are requesting a floodplain permit for work associated with the development of Phase 1 of the Flower Creek Development Project, north of US Hwy 2 and west of Idaho Street, within the City of Libby, MT. The Applicant is proposing to develop the property and provide the necessary infrastructure to support the new buildings and businesses proposed to be built on the property in Lincoln County, Montana. The proposed Phase 1 project plan is to construct a new commercial building on the southern side of the property with a parking lot, an access road running east to west from Idaho Avenue labeled West 8th Street, as well as the new road running north to south intersecting West 8th Street and West 6th Street labeled Nevada Avenue, and the accompanying infrastructure for future phases. Renovation of the existing former Asa Wood Elementary School building and associated site grading and utility upgrades to support the planned development are planned. The proposed project limits are adjacent to the effective Zone AE Flower Creek floodplain roughly centered on the existing Flower Creek. The entire proposed Flower Creek Development area is within the effective Zone X floodplain. Before a permit can be issued all adjacent landowners must be notified and allowed to provide public comment. The Public Notice below will run in the Western News on Friday 04/26/2024 and Friday 5/3/2024. Plans and specifications for this project can be viewed at the City of Libby City Office, 952 E. Spruce, Libby, MT. Public comment will be taken for 15 calendar days from the date of this posting. Please contact the City of Libby Contract Floodplain Administrator at (406) 443-3962 for information regarding this project. PUBLISHED IN The Western News April 26 & May 3, 2024. MNAXLP
Notice of Public Comment Period for SBLT, LLC & Evenson Engineering Floodplain Permit Application SBLT, LLC and Evenson Engineering & Consulting, Inc. are requesting a floodplain permit for work associated with the construction of a water main extension. The Applicant is proposing to develop a 13-unit multi-family development off West 2nd Street Extended in Lincoln County, Montana. The property consists of two lots in the SE1/4SE1/4 of Section 33, T31N, R31W. Due to the density of the development, public facilities are necessary to provide adequate water and sanitation. The City of Libby owns and operates public water and sewer utilities located near the project. However, they are not located close enough to serve the property without an extension. Therefore, the Owner is proposing to extend 410 feet of gravity sewer and 960 feet of water main. A portion of the water main extension is proposed within the Flower Creek floodplain (Zone AO). Before a permit can be issued all adjacent landowners must be notified and allowed to provide public comment. The Public Notice below will run in the Western News on Friday 04/26/2024 and Friday 5/3/2024. Plans and specifications for this project can be viewed at the City of Libby City Office, 952 E. Spruce, Libby, MT. Public comment will be taken for 15 calendar days from the date of this posting. Please contact the City of Libby Contract Floodplain Administrator at (406) 443-3962 for information regarding this project. PUBLISHED IN The Western News April 26 & May 3, 2024. MNAXLP
NOTICE THAT A TAX DEED MAY BE ISSUED IF YOU DO NOT RESPOND TO THIS NOTICE, YOU WILL LOSE YOUR PROPERTY TO THE FOLLOWING INTERESTED PARTIES (REGARDING THE REAL PROPERTY DESCRIBED BELOW) WHOSE CURRENT ADDRESSES ARE UNKNOWN: DANIEL J. CALDWELL 28132 U.S. HIGHWAY 2 LIBBY, MT 59923-9734 THOMAS M. CALDWELL 28132 U.S. HIGHWAY 2 LIBBY, MT 59923-9734 THOMAS M. CALDWELL 584 WEST SETTLEMENT ROAD PRIEST RIVER, ID 83856 LINCOLN COUNTY TREASURER 512 CALIFORNIA AVENUE LIBBY, MT 59923 CURRENT OCCUPANT 28132 U.S. HIGHWAY 2 LIBBY, MT 59923-9734 ANY ASSIGNS, SUCCESSORS, PERSONAL REPRESENTATIVES, HEIRS, DEVISEES OR BENEFICIARIES OF OR TO THE ABOVE PARTIES; AND ANY OTHER PARTIES CLAIMING AN INTEREST, WHETHER LEGAL OR EQUITABLE IN THE REAL PROPERTY DESCRIBED BELOW. Pursuant to section 15-18-212, Montana Code Annotated, NOTICE IS HEREBY GIVEN: 1.As a result of a property tax delinquency, a property tax lien exists on the following described real property in which you may have an interest (Lincoln County Tax Parcel/ID No. 7882): Lincoln County Treasurer’s Abbreviated Legal Description: SECTION: 24 TOWNSHIP: 31N RANGE: 32W C.O.S. CS #2566, TR 1C2A IN S2SE LESS CS 2930 1.834 ACRES *7882* GEOCODE: 56-4282-24-3-01-16-0000 Full Legal Description: AN IRREGULAR TRACT OF LAND NEAR LIBBY IN LINCOLN COUNTY, MONTANA, BEING A PART OF HOMESTEAD ENTRY SURVEY NO. 444, LYING WHOLLY WITHIN THE SE1/4 OF SECTION 24, TOWNSHIP 31 NORTH, RANGE 32 WEST, P.M.M., AND MORE PARTICULARLY DESCRIBED ON COS NO. 529. EXCEPTING THEREFROM ALL THAT PORTION CONVEYED TO THE STATE OF MONTANA, DEPARTMENT OF HIGHWAYS IN A DEED RECORDED NOVEMBER 12, 1987 IN BOOK 130 AT PAGE 429, AND DESCRIBED ON RETRACEMENT SURVEY 2566. ALSO EXCEPTING THAT TRACT OF LAND DESCRIBED AS TRACT A ON COS NO. 2930. 2.The 2018 property taxes (second half) became delinquent on June 1, 2019. 3.The property tax lien was attached on August 1, 2019. 4.The lien was subsequently assigned to: Eric Bashore P.O. Box 80242 Billings, MT 59108-0242. 5.As of the date of this notice, the amount of tax due is: TAXES: $9,140.48 PENALTY: $182.82 INTEREST: $3,161.75 COST: $1,034.77 TOTAL: $13,519.82 NOTE: Interest continues to accrue at a rate of 5/6 of 1% per month. 6.For the property tax lien to be liquidated, the total amount listed in paragraph 5, plus any additional subsequent taxes, penalties, interest and costs due, must be paid by August 1, 2024, which is the date that the redemption period expires or expired. 7.If all taxes, penalties, interest, and costs are not paid to the COUNTY TREASURER on or prior to August 1, 2024, which is the date the redemption period expires, a tax deed may be issued to the assignee or county that is the possessor of the tax lien on the day following the date that the redemption period expires. 8.The business address and telephone number of the county treasurer who is responsible for issuing the tax deed is: Lincoln County Treasurer 512 California Avenue Libby, MT 59923 Telephone: (406) 283-2400. FURTHER NOTICE FOR THOSE PERSONS LISTED ABOVE WHOSE ADDRESSES ARE UNKNOWN: 1)The address of the interested party is unknown. 2)The published notice meets the legal requirements for notice of a pending tax deed issuance. 3)The interested party’s rights in the property may be in jeopardy. Dated at Libby, Montana this 3rd day of May, 2024. By: /s/ Eric J. Bashore P.O. Box 80242 Billings, MT 59108-0242 IF YOU DO NOT RESPOND TO THIS NOTICE, YOU WILL LOSE YOUR PROPERTY PUBLISHED IN The Western News May 3 & 10, 2024. MNAXLP
LEGAL NOTICE Inland Cellular LLC is proposing to construct a self-support lattice tower up to 180 feet tall for Terrestrial Fixed Wireless and Fixed Wireless Telecommunication antenna arrays on privately owned fee land, controlled by the company. The project is being funded via a subrecipient award grant to Inland Cellular LLC by the Montana Department of Administration (House Bill 632) from Federal funds received through the Coronavirus Capital Projects Fund (CPF) as authorized by the American Rescue Plan Act (ARPA). The project is supported by the Connect Montana Act award number SLFRP1747 for broadband deployment throughout the State of Montana. The tower site easement is located at a general address of 39659 U.S. Hwy 2 W, Libby, MT 59923, within an improved rural (IMP/R) 2.11 acre parcel. The proposed tower site is located in Section 02, Township 29 North, Range 31 West, P.M.M. Lincoln County, MT. In accordance with the National Preservation Act of 1966, as amended and the 2005 Nationwide Programmatic Agreement for Review under the National Preservation Act; Final Rule, Weis Towers LLC is hereby notifying the public of the proposed undertaking and soliciting comments on any Historic Properties within a 0.5-mile radius of the undertaking which are listed or eligible for listing in the National Register of Historic Places. Comments may be submitted within 30-days of the date of this notice by mail to: John F. Wark, 835 W. Cliff Dr., Spokane, WA 99204, Ph: (509) 999-4755. PUBLISHED IN The Western News May 3, 2024. MNAXLP
PUBLIC NOTICE Good Housing Partnership located at 106 E Babcock Street, Suite 1E, Bozeman, MT 59715 – 406.414.6500, a for-profit organization working with the Northwest Montana United Way, a non-profit organization, hereby notifies all interested persons of Libby, Lincoln County, that we are planning to rehabilitate Green Meadow Manor which is an affordable multi-family rental housing complex on site located at 403 Idaho Avenue Libby, MT. This Project will consist of 34 units consisting of studios and one bedrooms for individuals and families. This project will be exempt from property taxes. An application will be submitted to the Montana Board of Housing for federal low-income housing tax credit financing. You are encouraged to submit comments regarding the need for affordable multi-family rental housing in your area to the Montana Board of Housing, PO Box 200528, Helena, MT 59620-0528 or Fax (406) 841-2841, or electronically at https://housing/mt.gov/Contact. Comments will be accepted until 5pm on May 27, 2024. PUBLISHED IN The Western News May 3 & 17, 2024. MNAXLP
NOTICE OF MOBILE HOME AND REAL PROPERTY TAXES DUE All 2024 mobile home tax bills in Lincoln County have been mailed. Please check your bills carefully. When making payments please remit your stubs; for inquiries, please provide your taxpayer number from your statement. If you have not received your tax statement, please contact the Lincoln County Treasurer’s office immediately at 406-283-2401. The first half of the 2024 mobile home taxes are due and payable before 5:00 pm on May 31, 2024. Unless the first half is paid by this date, the amount payable is delinquent and draws interest at a rate of 5/6 of 1% a month from the time of delinquency paid and 2% will be added to the delinquent taxes as a penalty (MCA 15-16-101). The second half of all 2023 real property taxes are due and payable before 5:00 pm on May 31, 2024. Unless the second half is paid by this date, the amount payable is delinquent and draws interest at a rate of 5/6 of 1% a month from the time of delinquency paid and 2% will be added to the delinquent taxes as a penalty (MCA 15-16-101). Payment may be made in person or mailed to the Lincoln County Treasurer, 512 California Avenue, Libby MT 59923. Over the counter credit card payments may be made using Visa, MasterCard, and Discover. A fee of 1.995% plus $1.25 per transaction is charged. If you wish to make on-line payments using a credit card please log on to www.lincolncountymt.us/treasurer-home or call 1-800-272-9829 and enter jurisdiction code #3612. A 3% fee is charged when using this service. Sedaris Carlberg Lincoln County Treasurer PUBLISHED IN The Western News May 3 & 10,, 2024. MNAXLP