Making non-hostile units stackable is a big deal. If an attack happens who does it happen against? How would I know if there was a unit I was at war with in a tile with a unit I'm not at war with? Some would suggest not allowing them to stop in the tile but allowing them to move through the tile, which is also a major change (at this stage of the project).
So we are unlikely to allow stacking units because it will open up a host of new issues that are worse than the problem of having tiles blocked (ie: the cure is worse than the disease).
I think the questions you pose above are answerable. I'm not sure I entirely understand the difficulty, because under the current mechanics, you cannot initiate an attack against a unit unless you are hostile to it. The default cursor option is "talk to", not "attack". In order to attack a non-hostile unit, you must first declare war. One could have the option of "talking to" or "moving to", which shouldn't be that bad.
But if there is a stack of units, and some are units towards which I am not hostile, and some are units towards which I am hostile, then moving to or through that tile would no longer be allowable. Clicking on the stack could simply give me one of two options, since "move to" would no longer be valid: "talk to" or "attack". If the latter, then (obviously) battle would be initiated only between armies against which I am hostile. This is currently the case as well, when two or more hostile stacks occupy one tile.
In other words, IF a tile contains ONLY entities which are flagged non-hostile, THEN commands "move to" (and "talk to" if a unit and not a structre) are valid. IF a tile contains more than one army, THEN a number appears above to denote this; IF a tile contains more than one team, THEN a context-sensitive selection is offered for the command "talk to". IF a tile contains any entity flagged hostile, THEN command "move to" is invalid, but "talk to" is valid and offers the same context-sensitive selection as above. IF a tile contains any entity flagged hostile, THEN command "attack" is valid, and the same mechanic is used to select the target for battle as is used currently, when two or more hostile armies occupy the same tile.
I find the disease truly awful, and while I understand that the cure is more resource-intensive than I had originally thought, working out a way (via drop-down menu or context-sensitive mouse-over) to select a valid command (move to, talk to, attack) at a valid destination should be doable.
No?