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Dockstader Bridge Project Completed

Community Association for North Shore Conservation lawsuit against Flathead County and commissioners still unresolved

By Clare Menzel
The bridge to Dockstader Island in Bigfork on June 16, 2016. Greg Lindstrom | Flathead Beacon

After more than five years of permit extensions, project amendments, and heated debate, a bridge from Flathead Lake’s north shore to the private Dockstader Island has been completed.

Officials who inspected the project on June 1, when its permit was set to expire, determined that the approximately 581-foot long, 16-foot wide bridge is “essentially completed as proposed,” aside from “a few minor housekeeping things,” such as construction material cleanup, according to Flathead County Planning and Zoning Director Mark Mussman.

The project dates back to early 2011, when landowner Jolene Dugan and her father, Roger Sortino, successfully applied for a permit from the Flathead County Commission to build a 481-foot long dock-like structure restoring access to a portion of private land that was once a peninsula.

As required by the Lakeshore Protection Act, county officials must seek public comment on “significant” construction projects along the shoreline. This project was deemed minimal, in part because it wouldn’t be considered a roadway, and its permit was approved without public notification or review. That decision has dogged the county since the developers began construction in 2014, drawing the attention of locals who believe the project is significant. Debate has only grown as developers repeatedly applied for amendments to expand the permit’s scope.

In February 2015, the Community Association for North Shore Conservation filed a lawsuit in Flathead County District Court against the county and its commissioners, alleging that the 2011 permit was unlawfully issued. The group’s members hope a decision in their favor would also compel the removal of the bridge.

“Our lawsuit asks the judge for some rejection of [the permit, or acknowledgement that] the permit was never valid to begin with,” Dave Hadden, head of the group, said. “We think the judge has the discretion to order the removal of the bridge, so that is what we are requesting … We still intend to pursue this until the bridge is removed.”

Mussman said he “can only speculate that whatever the outcome of the lawsuit, it will not end with that decision.”

What is clear is that the community has not seen the last of the bridge debate.

“I imagine the losing party will pursue additional legal recourse,” Mussman added.