Camp Bay hearing awaits judge’s ruling

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SAGLE — A hearing on a civil suit which may determine whether public access to Lake Pend Oreille exists in the Camp Bay area was held Wednesday.

A motion by M3 asked the court to allow additional evidence or to remand back to Bonner County commissioners. Judge Cynthia Meyer said she expects to remand the matter to the county board, but said she had much to think about regarding what that might look like.

Rick Haruthunian, who represents Camp Bay, asked for the matter to be remanded to the county board, saying the court is empowered to remand to the board without a public hearing.

“This is not in order to disenfranchise anyone.… It is for … judicial efficiency,” Haruthunian said.

William Wilson, an attorney for Bonner County, stated the court should “allow the board to consider [new] information” with regards to public access proposals from M3. Wilson said a path M3 would hypothetically support building if the county vacated the road and if they had negotiated successfully with Fred and Jennifer Arn regarding public access.

The Arns maintain there is legally 50 feet of public beach access in accordance with the original easement for Camp Bay Road, which was built and has been maintained by Bonner County for over 100 years.

“This information should be given back to the board and it should be before a public hearing and only consider the walking path,” Wilson said. However, Wilson did not think the board should consider the terminus point of the road.

“Setting the terminus point is not something the board should decide. The board was hung up on the issue of public access,” Wilson stated.

“This matter should be open to public debate but the court has the authority to limit that. It will really empower the board to keep people inside the guardrails,” Wilson said.

However, an attorney for the Arns and their supporters, argued otherwise. “Either there is a narrow hearing or a new application,” Preston Carter said.

Carter also questioned the relevance of the evidence M3 wanted to submit, saying the company is merely submitting an amended proposal.

“ I don’t think it is material, I think it is a new application,” he said. “The cleanest and best way is for M3 to withdraw the application and file anew, that includes the walking path,” Carter said. . “If the court remands with appropriate conditions, that is probably an OK way to handle the current situation.”

“The suggestion of continuing without a public hearing, that is concerning,” said Carter. “The public needs to know what is at issue and [have] the ability to present evidence.”

Haruthunian responded “the parties are largely in agreement on how to proceed [if] this court is willing to articulate specific restrictions on testimony presented.”

However, Haruthunian said “the notion of dropping the current application … is simply not a viable solution.”

“The court maintaining jurisdiction is beneficial,” Haruthunian added.

Carter maintained that refiling is “the cleanest thing to do.”

Judge Meyer said she would take the matter under advisement. “I anticipate remanding it, but you have given me much more to think about in terms of parameters of remand,” she said.

M3 petitioned Bonner County to vacate the last half mile of road in April of 2021. Commissioners initially decided to do so, but had their decision remanded back to them by Meyer last summer, saying the process was incomplete. In February, the board ruled against vacating the road and moved for a judicial determination to see if the road did indeed provide public lake access and if the road vacation is or is not in the best interest of the public.

To read the court’s written decision when it comes down, or to review the court minutes and other documents for this case, use the public access computer bank at the County Courthouse in Sandpoint.

Information: The case number is CV09-22-0316.