Casino palm trees defy board ruling

By Pat Hansen - 05/20/2008

Multi-colored palm trees, pictured here, erected at the Happy Endings Casino in Deer Lodge over the weekend are raising questions. County officials say casino operators didn’t have the planning board’s permission to put them up.

DEER LODGE — Fifteen colorful, lighted palm trees were erected at the Happy Endings Casino in Deer Lodge over the weekend — apparently in defiance of a Powell County Planning Board decision.

On Monday the planning department and county commissioners received numerous calls and visits from local residents asking what they were going to do about it.

Last year, after Justin Dehler of JD and JD LLC purchased the Country Village, he applied for a conditional use permit as required. He stated his plan was to remove the convenience store, expand the casino, and install 50 lighted 18 to 28 foot palm trees, two LCD signs and three logo signs.

The business is located just off Interstate 90 on the north end of Deer Lodge outside the city limits in what is called the “donut area” under the jurisdiction of the county planning board.

On Sept. 6, 2007, the planning board approved three logo signs, but denied the request for the 50 palm trees and LCD signs. Additional conditions were required as well.

Dehler had the right and obligation to appeal his request to the Board of Adjustments, which was not done.

In response to the trees going up, the planning department this week drafted a letter to Dehler, but did not reveal the contents, pending his receipt of it.

According to county attorney Lewis Smith, the issue is not whether people like or dislike the palm trees.

“The planning department decision last September was not appealed. Legally, that is the status of the law and the issue,” he said.

In February, county planner Ron Hanson and Smith met with Dehler’s attorneys to discuss the denial and recommended he resubmit an application.

According to Hanson and planning board member Rick Hirsch, the conditions of the conditional use permit were not met, making it invalid.

“Dehler is obliged to conform with the decision or put in a new application,” Hanson said. “The planning board has no enforcement authority, so it is in the hands of the county commissioners and the county attorney as to how they will deal with the issue.” Commissioners Dwight O’Hara and Rem Mannix referred questions to Smith. However, Mannix acknowledged the commissioners had accepted the planning board’s recommendations unanimously.

Attempts to contact Dehler and his business manager, Paul Bence, were unsuccessful.

Before making their decision in September, planning board members heard numerous comments and letters opposing the palm trees that customarily enhance the Caribbean theme of the Happy Endings Casinos.

No local residents or business people testified in favor, nor did they write letters of support. Those opposed argued the palm trees and LCD signage are suitable for places like Las Vegas, but are not compatible with the rural and historic nature of the county.

— Correspondent Pat Hansen may be reached via e-mail at phansen@blackfoot.net.