County loses park access suit

PRIEST RIVER — Bonner County will have to utilize a different legal avenue in its bid to guarantee access to Bonner Park West isn't severed.

The county filed suit in 1st District Court earlier this year to ensure that Railroad Avenue continues to provide public access to the waterfront park on the Pend Oreille River. The private road cuts across property owned by Beardmore Landing, which is developing a waterfront plan.

The county, which owns the park, filed suit to establish a prescriptive easement so the public could continue to access the park. Counsel for Brian Runberg and Beardmore Landing filed a motion for summary judgment.

Summary judgment can abruptly resolve a civil proceeding if there are no genuine material issues of fact.

Beardmore argued the county cannot establish an adverse claim for a prescriptive easement on behalf of the public because the public, absent specific statutory authorization, acquire prescriptive right to private property. The county countered that the easement would be appurtenant rather than a prescriptive easement in gross.

But 1st District Judge Rich Christensen ruled that the distinction between the easements is meaningless due to an Idaho Supreme Court ruling in a beach access dispute on Lake Coeur d'Alene, a matter known as the Haman versus Fox case.

Christensen said the issue here is whether the prescriptive easement exists, not who it benefits and the Fox case made it clear that the public cannot acquire prescriptive right to private property.

The Fox case held that it it's unfair to burden private property owners simply because unknown members of the public use the private property and alluded to the use of eminent domain proceedings.

"Thus, Fox supports the proposition that in cases like this, the government should rely on its special powers to create public access ways instead of unduly encroaching on private property by seeking a prescriptive easement that does not provide compensation for the owner," Christensen said in an 11-page ruling filed on Tuesday.

Christensen granted judgment in favor of Beardmore.

Beardmore has said access to the park will not be thwarted, although it is seeking to relocate access into the park. Beardmore's development plan include a riverfront amphitheater and a public market promenade.