Judge rejects remaining Church Slough claim

Flathead County District Judge Robert Allison has ruled out a final “takings” claim by a developer who attempted to block a public boat ramp on Church Slough.

Last June, a jury ruled against developer Dennis Carver on multiple claims aimed at restricting access on the Flathead County boat launch and recovering monetary damages. Then-District Judge Katherine Curtis determined that Carver’s takings claim had to be separated from the jury trial.

Judge Allison granted summary judgment in favor of the county on Wednesday, saying the facts of the case do not support Carver’s claim that the boat launch amounted to a violation of the takings clauses in state and federal constitutions.

The ruling states that Carver contended that “the actions of the county in installing the access and its resultant noise, traffic and increased use substantially devalues his property for which he is entitled compensation.”

The county, by contrast, asserted that the boat launch was installed on property that was deeded to the county by Carver, without restriction, in exchange for abandoning Wagner Lane, a road that used to parallel the slough and provide public access to the water.

The county also argued that Carver was “not deprived of all economic use of the property, in that [Carver] will certainly make a profit once all the lots are sold, just not as much profit” as he would have if the launch didn’t exist.

A key part of the litigation going back to the jury trial was the county’s assertion that the value of Carver’s property was significantly enhanced once Wagner Lane was removed, a change that allowed Carver to create waterfront lots.

Despite the jury’s favorable ruling for the county, the boat launch has remained blocked off by a barrier because of the lingering takings issue and a determination by Curtis that the county did not provide adequate information in getting a flood-plain permit for the launch.

Jed Fisher, director of the county’s Weed, Park, Recreation and Building Maintenance Department, said a revised flood-plain permit application was submitted to the county flood-plain administrator about three weeks ago.

Fisher said the county hired Apec, an engineering firm, to develop a comprehensive permit application.

“I wanted the best permit I could conceivably put into the planning and zoning office,” he said, adding that the county’s goal is to have the launch reopened for public use within the next 30 to 45 days.

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