County wades into Outlet Bay dock dispute

SANDPOINT — Landowners at Priest Lake’s Outlet Bay are seeking Bonner County’s help in installing a dock to replace one that was removed by a homeowner’s association.

The county’s Waterways Advisory Board is scheduled to resume its consideration of the dock proposal when it meets at 9 a.m. on Thursday, Dec. 16 in the Bonner County Administration Building.

Landowners approached the county commission earlier this month to work with them in obtaining an Idaho Department of Lands encroachment permit for a dock that they and members of the public can use.

The dock was removed when the Outlet Bay Owners Association expanded its dock system on one side of the public boat launch. The dock that others had been using on the other side of the launch had to be removed because of IDL limitations on allowable dock square footage.

Members of the Outlet Mountain Lessees Association, however, depended on the dock for access to their property, which can only be done via boat. Members of the public also used the dock to launch their vessels at the county ramp.

As it stands now, there is a public launch without a public dock.

“I don’t know where it’s going to go,” commission Chairman Joe Young said. “I don’t know if we have jurisdiction to be able to do a dock next to the public right of way or not. That may be a legal question.”

Young suspects the homeowners association the dock’s removal was an ancillary benefit to its dock expansion project.

“I believe they wanted to get more dock area for themselves and they wanted to limit who was using those existing docks. That’s my personal opinion,” he said.

Counsel for the Outlet Bay Owners Association is warning the county to back off the proposal and threatening litigation if it does not. Michael Ramsden said his clients, not the county, is the owner of the littoral rights to Outlet Beach.

“Bonner County does not hold littoral rights and its right of way to Outlet Bay Road does not create littoral rights,” Ramsden said in a Nov. 17 letter to the commission.

Ramsden adds that IDL has previously considered an application by the county for a dock permit in the area of Outlet Bay Road and rejected it.

“If Bonner County proceeds with plans to place a public dock at the end of Outlet Bay Road, OBOA will have no choice but to apply to the courts for injunctive relief and damages for interference with its property rights,” Ramsden said in the letter.