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Appeal submitted after judge rules in favor of controversial home in Glacier National Park

Magistrate Judge Kathleen L. DeSoto recently ruled that a private home can remain on the banks of McDonald Creek in the park.
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GLACIER NATIONAL PARK — The Flathead Conservation District and Friends of Montana Streams and Rivers have appealed a federal judge’s decision after a court ruled in favor of a California couple building a controversial home in Glacier National Park.

Magistrate Judge Kathleen L. DeSoto recently ruled that the private home can remain on the banks of McDonald Creek in the park.

The home is under scrutiny by the Flathead Conservation District, which had found the homeowners — John and Stacy Ambler — did not have the permit required for work that could potentially impact stream beds and banks.

However, DeSoto's ruling found that the conservation district lacks the jurisdiction to enforce the Streambed Act on the Ambler's private land within Glacier National Park, which means the home can stay.

The Flathead Conservation District’s appeal has been submitted to the U.S. Court of Appeals for the Ninth Circuit, with opening briefs due on May 28, 2025.