High court upholds ruling on beach use
A legal squabble between neighbors at Priest Lake over beach access has resulted in a second Idaho Supreme Court ruling in favor of the Mountain View Landowners Cooperative Association.
The association consists of property owners in a tract of land called the “Mountain View Addition” that once was a private resort with a store, rental cabins, a boat launch and beach. The resort was subdivided in 1958 and sold off in pieces for vacation homes. Just one owner got the beach, while the others got easements to use the beach for “boating and bathing purposes.”
In 1988, the beach owners and neighbors recorded a use agreement after disputes about beach use. This time, the agreement said neighbors could use the beach for “swimming and boating only.”
A couple who purchased the beach property in 1998 sued to restrict neighbors’ use of the beach. The district court ruled that “swimming” should be interpreted to include “swimming-related activities including picnics, sunbathing, and gatherings for relaxation and social interaction.”
The couple, Dr. James and Synthia Cool, appealed to the Idaho Supreme Court, which ordered the district court to redefine “swimming.” It did so, dropping picnics and social gatherings but adding in “sunbathing” and “lifeguarding.”
The Cools appealed again, but the Idaho Supreme Court on Wednesday ruled that the district court was correct. “Sunbathing, at least while wearing swimming attire, may be considered swimming,” the court noted in a unanimous opinion. The justices said the question wasn’t just what “swimming” meant but what the parties meant when they originally reached agreement on beach use.
– Betsy Z. Russell
Kootenai County
ISP boosts patrols on state Highway 97
In an attempt to prevent accidents, the Idaho State Police is boosting patrols on state Highway 97, which winds and twists along the east shore of Lake Coeur d’Alene.
Citizens have been complaining about commercial vehicle traffic such as dump trucks that often are too long to negotiate the winding road without crossing the center line. Capt. Wayne Longo said the ISP is concerned about all traffic, including tourists unfamiliar with the highway.
The worst stretch is between the Interstate 90 exit to just south of Gozzer Road, Longo said. “It really concerns me. We’re just trying to get people to slow down.”
The ISP will work with the Idaho Transportation Department to develop a long-term solution for the road, which is seeing a big increase in use.
– Erica Curless
Reservists, Guard can apply for tax relief
Kootenai County residents who have served in Iraq for the U.S. National Guard or Reserves have until May 30 to apply for property tax relief.
More than 160 Idaho National Guard members were deployed to Iraq in 2004. All are eligible to apply for property tax relief.
The Kootenai County Commission will scrutinize each application to confirm that the family suffered financial hardship during deployment to Iraq.
The commission can waive or defer property taxes for individuals who have a hardship, a definition that’s up to the commission’s discretion.
Applications are available at the Kootenai County Commission office, 451 Government Way. For more information, call (208) 446-1600.
– Erica Curless