“The Legislature’s statewide zoning reforms didn’t take away anyone’s rights—they restored the freedom to build homes on your own land. Today, the Montana Supreme Court agreed.”
FOR IMMEDIATE RELEASE
March 17th, 2026
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Frontier Institute Issues Statement Following MTSC Decision In MAID v. Montana
HELENA, Mont. – In response to today’s Montana Supreme Court decision in the MAID v. Montana case upholding the constitutionality of Montana’s 2023 housing reform laws (SB 323, SB 528, SB 245, and SB 382), Frontier Institute issued the following statement:
“Today’s ruling is a COMPLETE AND TOTAL VICTORY for private property rights and the Legislature’s efforts to address Montana’s housing crisis. The Court upheld every challenged housing reform law, including the Montana Land Use Planning Act in its entirety. This clears the way for cities to streamline approvals and get homes built faster,” said Kendall Cotton, President and CEO of Frontier Institute.“The Legislature’s statewide zoning reforms didn’t take away anyone’s rights—they restored the freedom to build homes on your own land. Today, the Montana Supreme Court agreed.”
Click HERE to access a full copy of the order. A brief timeline of the case:
- 2023: Republicans and Democrats in the Montana Legislature nearly unanimously passed a slate of pro-housing reforms to legalize building starter homes in cities and streamline local regulations to speed up construction. National media outlets dubbed it the “Montana Miracle.”
- Dec. 15, 2023: Montanans Against Irresponsible Densification (MAID) filed a lawsuit in Gallatin District Court challenging the constitutionality of the new housing laws.
- Dec. 29, 2023: A district court judge temporarily blocked SB 323 and SB 528 from taking effect.
- Sept. 3, 2024: The Montana Supreme Court reversed the injunction on SB 323 and SB 528, and the case returned to district court.
- March 3, 2025: The Gallatin District Court rejected MAID’s challenges to SB 323 and SB 528 but partially ruled against portions of SB 382’s public participation provisions.
- 2025: Both sides appealed to the Montana Supreme Court.
- March 17, 2026: The Montana Supreme Court unanimously upheld Montana’s 2023 housing reform package, reversing the District Court’s partial ruling against SB 382.
Frontier Institute joined a bipartisan coalition to champion pro-housing reforms during the 2023 legislature, including the bills challenged by MAID.
Frontier helped connect three intervenors with legal representation in the MAID case. Through Frontier’s connections, the Pacific Legal Foundation represented two Missoula property owners who intervened to defend their right to build a duplex or ADU. Frontier also provided an affidavit supporting pro-housing advocacy group Shelter WF’s intervention in the case.
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