The high cost of housing is a growing problem for many Americans, and it was one that Montana's legislature sought to address with two bills.

While the legislation was initially blocked by an injunction, the state Supreme Court recently reversed it. 

Bills allow for construction of more duplexes and "accessory dwelling units"

According to the Daily Montanan, the bills in question were Senate Bill 323 and Senate Bill 528. Senate Bill 323 requires cities with over 5,000 people allow duplexes anywhere single-family residences.

Meanwhile, Senate Bill 528 forces localities to allow "accessory dwelling units," a term which refers to smaller residential units that share the same lot as a single-family home.

Both pieces of legislation are opposed by a group called Montanans Against Irresponsible Densification (MAID), which obtained  a preliminary injunction against them.

However, the state Supreme Court ruled last week that the injunction was not justified and allowed both bills to take effect while MAID's legal challenge to them plays out

State Supreme Court points to "thin" evidence of immediate harm

In a unanimous opinion authored by Justice Beth Baker, the state Supreme Court acknowledged that Montana's Constitution grants citizens a fundamental right to acquire, possess and protect property.

However, the state's highest judicial body has already determined that such rights must be subject to the state's police power regarding health and public welfare.

Baker argued that MAID  had "offered only generalized fears and supposition" and with "thin" evidence pointing to imminent harm.

"The District Court therefore abused its discretion when it entered a preliminary injunction based on the ‘possibility’ of harm that MAID presented in support of its claim to irreparable injury," Baker declared.

Governor welcome's ruling, supports increasing the housing supply

The ruling was welcomed by Montana Republican Gov. Greg Gianforte in a social media post which asserted, "Home ownership is a key part of the American dream."

Home ownership is a key part of the American dream.

I appreciate today's Montana Supreme Court's decision, which lifted an injunction on some of our bipartisan, pro-housing reforms. pic.twitter.com/6tUKrtTGrv

— Governor Greg Gianforte (@GovGianforte) September 4, 2024

"I appreciate the Montana Supreme Court for rejecting this injunction, which held back two key reforms identified by our bipartisan Housing Task Force and passed into law by the Legislature," Gianforte stressed.

"We will continue to find innovative ideas to increase housing supply so that affordable, attainable housing is within reach for every Montanan," the governor went on to add.