MAID v. Montana

In late 2023, faced with a substantial housing shortage, Montana passed some of the most sweeping housing reforms in America. But it was quickly sued by an anti-housing organization that claims, among other things, that existing property owners actually possess a constitutional right to zoning classifications that make it harder for others to use their own properties to create housing.

The trial court held that the reforms do not violate equal protection, but that certain reforms violated the Montana-specific constitutional right to public participation. IJ filed an amicus brief supporting the reforms, highlighting how local governments often abuse zoning authorities to infringe property rights, harming both the public and individual property owners along the way.

On March 17, 2026, the Montana Supreme Court unanimously upheld the reforms.