Judge: Landowners cannot sue Forest Service over lost homes

Bitterroot Valley, Mont., residents who alleged their homes were destroyed when firefighters lit a backburn to slow encroaching flames cannot sue the U.S. Forest Service over their losses, a federal judge ruled.

U.S. District Judge Donald Molloy said the agency and its employees are immune from such lawsuits because they were acting under a “discretionary function” exception of federal law when they set the burn.

“Whether the government employees’ actions were wise, foolish or negligent is irrelevant in considering whether the exception applies,” Molloy wrote in his ruling dated Aug. 31.

The case stemmed from the massive wildfires that burned hundreds of thousands of acres in the Bitterroot Valley south of Missoula, Mont., in 2000, during one of the worst recorded fire seasons in history.

In a lawsuit filed in 2003, more than 100 residents sued the Forest Service, alleging the damage and destruction to their homes was a direct result of the backburn set by fire crews.

The homeowners and their insurance companies alleged the firefighters violated their own policies when they lit the Aug. 6 backburn, and should have known there was a strong chance it would endanger lives and property in the area.

They claimed the backburn was not authorized, “highly imprudent” and set without warning area residents.

At least 10 homes were destroyed by the fire. In all, the 2000 fires in Bitterroot Valley destroyed 64 homes and burned about 300,000 acres. The plaintiffs sought $54 million in damages.

Crews set the backburn as a major wildfire burnt an area along Gilbert Creek. Residents in the area are said to have been alerted to potential danger, but a dozen or so remained at their homes. Flames engulfed the entire valley by late afternoon.

Attorneys for the homeowners could not immediately be located for comment.

A spokeswoman for the Bitterroot National Forest did not immediately return a telephone call seeking comment.

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Topics Lawsuits Legislation Homeowners