Dear John,

I have some good news to share with you! Yesterday, the Flathead Warming Center secured final victory in its fight to continue serving the most vulnerable residents of Kalispell, Montana.

As you may recall, the Center would have had to shut down after the city of Kalispell revoked its conditional use permit. This privately run, privately funded shelter had committed no violations but had become politically unpopular as skyrocketing rents in Montana drove increases in homelessness.   

IJ quickly secured a preliminary injunction from a federal judge that allowed the center to provide life-saving shelter during the impending Montana winter. Now, three months later, the city has agreed to permanently reinstate the permit as part of a legal agreement reached between the city and the shelter.   

With this resolution, the Center can continue its vital mission—providing shelter and other essential services to those in need—without further government obstruction.   

The Flathead Warming Center is a prime example of how private individuals and organizations can exercise their property rights by stepping up to solve public problems that go unaddressed—or are made worse—by the government. But instead of supporting these efforts, local officials tried to stand in the way.   

Unfortunately, such obstruction is common. Across the country, cities use zoning laws and red tape to block property owners, entrepreneurs, and private charities from using their land safely and productively, sectioning off where and how individuals can offer their property to those in need.

IJ’s Zoning Justice Project is fighting back.   

This victory ensures that the shelter can continue offering a lifeline to those in need. And it importantly sends a clear message: The government cannot arbitrarily trample property rights and shut down privately driven solutions.   

Thank you for standing with IJ. More victories ahead in ‘25! 

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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