Page 8 - Flathead Beacon // 9.28.16

CITY BEAT 14 COUNTY BEAT 14 COURT BEAT 15 Newsworthy
Judge Orders Removal of Bridge on North Shore of Flathead Lake County did not ful ll its duties when considering the original project to Dockstader Island, judge says
BY MOLLY PRIDDY OF THE BEACON
A Flathead County District Court judge has ruled that the county commis- sion erred when permitting what became a controversial bridge project to Docksta- der Island in Flathead Lake, and said the bridge must be removed.
In his Sept. 16 ruling, Judge Robert Allison said the Flathead County Com- mission acted in an “arbitrary and capri- cious” manner when it approved the Dockstader Island project in 2011.
A local group called Community Asso- ciation for North Shore Conservation (CANSC) led suit against the county in 2015 after the project began construc- tion in 2014. The group alleged the com- mission unlawfully approved the permit from the beginning, with which Allison was in ultimate agreement.
“We’re just really pleased. We felt pretty con dent,” said Dave Hadden, head of CANSC said. “The court’s ruling was pretty clear and pretty decisive. We don’t feel that there was a lot of wiggle room here in terms of appeal.”
Landowner Jolene Dugan and her father, Roger Sortino, successfully applied for a permit to build a 481-foot long dock- like structure restoring access to a por- tion of private land that was once a penin- sula. After multiple permit revisions, the nal product was a 581-foot long, 16-foot wide bridge in place on the shoreline.
The crux of the issue lies within the
The bridge to Dockstader Island in Bigfork. BEACON FILE PHOTO Lakeshore Protection Act. According to
the LPA, county o cials must seek public comment on “signi cant” construction projects along the shoreline. The 2011 commission deemed the project minimal because it wasn’t technically considered a roadway since it’s on private property and doesn’t provide access to other prop- erty or an existing road.
In his ruling, Allison blasted that logic, calling it “nonsensical.”
“The bridge is a vehicular roadway, 481 feet long and 16 feet wide. It is in essence an elevated roadway over water or an
obstruction. A bridge which supports vehicular tra c does not exist without a roadway,” Allison wrote.
The judge also ruled that the commis- sion did not consider all of the necessary impacts of the projects, particularly the visual impact it could have on the area. The county argued former Commis- sioner Jim Dupont covered that particu- lar issue during the hearing in which the project was approved, but the judge said the transcripts negate that logic.
“The visual impact of the structure and its construction was not addressed,”
Allison wrote. “This failure alone ren- ders the commissioners’ decision arbi- trary and capricious.”
Allison said the general impact of the bridge being considered minimal was arbitrary and capricious, because it’s “hard to see how a 481-foot long and 16-foot wide vehicular bridge can be properly considered as insigni cant or having minimal impact.”
Both the commission and the Flat- head County Planning Board erred in this regard, Allison ruled.
The judge also found that the origi- nal application for the bridge, which did not include any references to connecting roads, was incomplete for that reason.
“A vehicular bridge would be use- less without connecting roads and if the bridge is in the lakeshore protection zone any connecting road will at least in part be in the Lakeshore Protection Zone. Without this information it is not possi- ble to consider the impact of the project,” Allison wrote.
Hadden said his group is thrilled with the result, and plans on throwing a party next week to celebrate.
“He’s basically said the lakeshore has to be restored and the bridge has to come out,” Hadden said of the ruling. “(The LPA) is the only law that protects the lakeshores of our state. It was a really important ruling.”
mpriddy@ atheadbeacon.com
State Postpones Plans to Install Dock at Wild Horse Island A total of 101 comments were received and 81 were in opposition
BY BEACON STAFF
Plans for a public dock at Wild Horse
Island are on hold following criticism aimed at the possible impact on the popu- lar Flathead Lake site, the Montana State Parks agency announced Sept. 21.
The state agency said the installa- tion of the public dock is being post- poned due to public sentiment. Earlier this year the agency proposed installing a oating dock 8-feet wide and 60-feet long in Skeeko Bay, allowing boats to load and unload visitors. The island does
not currently have a public dock for vis- itors. To access the park, visitors typi- cally beach their boats and climb over the bow and leap to shore, according to state parks o cials. This kind of access can be hazardous, particularly for visitors who are physically challenged, according to state parks o cials.
A total of 101 comments were received and 81 were in opposition, the agency said. A majority of those opposed said the public dock would increase visitation and human impact on the site, leading to deteriorated conditions and degradation
of resources.
According to Montana State Parks,
between 2011 and 2015, visitation to the six state parks on Flathead Lake saw 23 percent visitation increases to 281,000 visitors. Visitation at Wild Horse Island attracts an average of 17,200 people annually.
“(Montana State Parks) generally pro- motes the use of state parks, and increased visitation is not necessarily negative,” the agency said in its decision notice.
“It is clear, however, that many of the people who commented would like MSP
to analyze this issue further.”
Over the next four years, the agency
will collect data regarding visitor impacts to the park, human-wildlife con icts, trespass violations and safety concerns. The agency will also analyze how neigh- boring state park systems address simi- lar water-based state park units. Infor- mation gathered during this time, along with input from visitors and stakehold- ers, will determine if a subsequent pro- posal will be o ered for public review, according to the agency.
news@ atheadbeacon.com
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SEPTEMBER 28, 2016 // FLATHEADBEACON.COM