Bypass lawsuit terms released

SANDPOINT — A marina owner who sued the Idaho Transportation Department in a right of way dispute involving the U.S. Highway 95 bypass received a $275,000 payment from the state.

The accord between ITD and Waterfront Property Management owner Ralph Sletager was announced last month, but the amount of the cash settlement was not disclosed.

The payment to Sletager tops a 19-item list of terms, according to a copy of the settlement agreement obtained through a public records request.

The agreement brings to an end three civil suits and a petition for judicial review for the Sand Creek Byway’s encroachment permit.

The state sued Sletager in the fall of 2008 to force the removal of some of Sandpoint Marina’s docks ITD asserted were within its right of way. Sletager subsequently sued ITD twice during the dispute.

The agreement also enables Sletager to apply to the state to replace the docks that were removed, although docks within project right of way can’t be reinstalled until after substantial completion of the bypass.

The agreement bars Sletager from pursuing claims involving bridge maintenance and snow plowing, in addition to claims regarding noise and vibration associated with the byway’s construction. The agreement does not preclude Sletager from pursuing claims involving sedimentation for submerged lands or flooding of his upland holdings.

Both sides are responsible for their own attorney’s fees and half of the mediation costs.