Developer sues county over Church Slough site

A businessman who donated park land along Church Slough to Flathead County several years ago has sued the county for installing a fishing access at the site.

In 2007, Dennis Carver convinced the county commissioners to abandon Wagner Lane, a road that provided public access to the slough for decades, allowing him to create several waterfront residential lots on the slough.

But that was only after months of negotiations with the county and with Flathead Wildlife Inc., a rod and gun club that staunchly opposed the road abandonment and threatened to sue the county if public access to the slough was not maintained.

That resulted in Carver agreeing to the park-land donation to provide for a boat access to the river.

The county parks department went through a lengthy public review and permitting process early this year, and over several weeks in April and May, a boat access was constructed with eight parking spots, a couple of picnic tables, a turnaround area and intent to soon install a vault toilet.

Carver filed a lawsuit May 5, alleging that the access facilities exceeded the terms of his agreement with the county, and that Montana Fish, Wildlife and Parks improperly issued a permit allowing for the site construction.

“Since the [historic] access was primitive in nature, the extent of the public’s use was limited to hand-carrying small watercraft and icehouses down this embankment to the water,” the lawsuit states.

It goes on to cite an environmental assessment conducted for his development, a planning department staff report and a letter that Carver wrote to the county, all referring to an access that “would provide five public parking spaces and a walking path down to the slough where one could launch a canoe or pull an ice-fishing house out in the winter.”

 Carver contends the facilities that were built exceed those conditions, allowing for boats of all sizes to be launched on the slough, and he alleges that the new access will devalue residential properties in the River Vista subdivision.

“Plaintiffs have incurred and will in the future continue to incur a substantial loss of revenue and other financial harm arising out of Flathead County’s illegal, wrongful and unconstitutional actions and omissions, including the loss of proceeds from the sale of residential property,” the lawsuit states. Carver could not be reached for comment on the case.

Flathead County Parks Director Jed Fisher and Peter Steele, a deputy county attorney, both contend that Carver’s understanding that the county would be restricted to a limited canoe access is incorrect.

They say that indeed, during the months of negotiations, there were references to that type of site, but in the end Flathead Wildlife was not willing to accept a limited boat access and neither did the commissioners.

“What happened at the end was that Carver deeded a parcel to the county for a park and there were no restrictions on the deed,” Steele said.

“I would concur that there is absolutely no deed restrictions on Church Slough park,” Fisher said.

Chuck Hunt, president of Flathead Wildlife, also disputes Carver’s claims.

“I don’t believe he has the ability to make these demands, based on the agreements for what the land was donated for,” said Hunt, who is frustrated that the county parks board put a 10-horsepower engine limit at the site, partly to discourage a lawsuit from Carver.

“If they are going to put a limit on it, they need to put a limit on everybody or nobody,” Hunt said, noting that River Vista waterfront owners and all other boaters on the Flathead River have no horsepower restrictions.

And he doubts that wardens can effectively enforce the horsepower restriction. For those reasons, Hunt said Flathead Wildlife will petition Montana Fish, Wildlife and Parks to impose a no-wake regulation on Church Slough.

Hunt also remarked that Carver profited handsomely from the abandonment and removal of Wagner Lane, which allowed him to create waterfront lots on the slough.

“This would not be an issue had the county not abandoned the road,” Hunt said, adding that improved access is what the public was supposed to gain from the abandonment.

Carver is suing for compensatory damages, expenses and attorneys fees and he is seeking injunctions to prevent the county from building a site that exceeds “the type and scope of use” that was “adopted and ratified” by the county during the subdivision approval process.

And he is seeking the removal of improvements that exceed those terms.

Flathead County is being defended in the case by an attorney with the Montana Association of Counties who has yet to formally respond to Carver’s complaint.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com