State high court takes up pilings dispute

Print Article

SANDPOINT — The Idaho Supreme Court heard oral arguments in Boise Wednesday in a dispute over plans to replace pilings at Lake Pend Oreille’s Glengary Bay.

Waterfront landowners Peter Shelagh Kaseburg sought permission from the Idaho Department of Lands to upgrade some of the 21 pilings from wood to steel and install a dock so they could moor a sailboat when the lake is drawn down during the winter.

The pilings were originally used to moor a part of a float house and to support a water intake line, but had no other known purpose.

The state processed the Kaseburg’s request as an application for a non-navigational encroachment.

Neighboring landowners objected to the proposal, contending that the dock could extend as far as 300 feet into the bay and hinder navigation. There was also concern that granting the permit would create a precedent other landowners could use to justify longer docks.

The department ultimately denied that request and a second request for a mobile dock system and a mooring buoy.

The Kaseburgs filed a petition for judicial review and 1st District Judge Steve Verby overturned IDL’s rulings on the matter.

Verby held in a written ruling that all pilings are navigational encroachments as a matter of law, regardless of whether they have ever been used to aid navigation. The alleged error tainted the IDL’s processing of both applications.

Verby set aside both denials, prompting the state to appeal to the high court.

An Idaho Supreme Court ruling is pending.

Print Article

Read More News

5 dead in vehicle, knife attack at British Parliament

AP

March 22, 2017 at 10:04 pm | LONDON (AP) — A knife-wielding man went on a deadly rampage in the heart of Britain's seat of power Wednesday, plowing a car into pedestrians on London's Westminster Bridge before stabbing a police o...

Comments

Read More

Mudslide forces family off highway

March 22, 2017 at 5:00 am | Bonners Ferry Herald BONNERS FERRY — Tuesday night, a hill broke loose in the 498000 block of U.S. Highway 95, just south of Mountain Meadows Road causing a vehicle to roll down an embankment. According to Boundary Co...

Comments

Read More

Otter inks state disaster declaration

March 22, 2017 at 5:00 am | Bonner County Daily Bee BOISE — Bonner County is among seven counties in northern and north-central Idaho for which Gov. C.L. “Butch” Otter signed disaster declarations for on Tuesday. Counties named in the state disast...

Comments

Read More

Giant Cd’A die is not your usual shore wash-up

March 22, 2017 at 5:00 am | Coeur d'Alene Press COEUR d’ALENE — Either God rolled a one or rising flood waters cast a giant die into Lake Coeur d'Alene last week. The latter was confirmed after the heavy steel object was recovered by Coeur d'Alen...

Comments

Read More