Homeowners’ Suit Claims City Took Property Rights

Two lakefront homeowners are suing the city of Coeur d’Alene because the city interfered with their plans to build boat docks off the beach.

Donald and Penny Dupont and neighbors Don and Karen Beck own homes on West Lakeshore Drive in Coeur d’Alene, just down the street from the City Beach.

In 1992, the Duponts received a dock permit with the Idaho Department of Lands, but the city protested, citing city ordinances that declare the water along the beach a public swimming area. City ordinances also prohibit boats from entering the swimming area, except to dock at established docks.

Although a dock existed at the site in the ‘50s, only a piling remained from the old dock when the Duponts made their application. The Land Board overturned the agency’s earlier decision on the dock, and the Duponts were denied a dock permit.

The Duponts and Becks successfully argued before the Idaho State Board of Tax Appeals that their property had lost value as a result of the denied application, and their property values were lowered.

Now the homeowners claim that the city deprived them of property rights without compensation, and are demanding a jury trial and damages to be determined at the trial.

, DataTimes