Owners get in on beach issue

A group representing waterfront owners along Lake Coeur d’Alene wants inclusion in a lawsuit to determine the legal high-water mark on popular Sanders Beach.

The case could determine whether the beach is public or private.

The Coeur d’Alene Lakeshore Owners Association, which has about 1,200 members and represents more than 4,000 properties, told a judge Tuesday that any decision about the high-water mark could impact the amount of property its members own.

“They are watching because their valuable property rights are going to be affected,” said Coeur d’Alene attorney Peter Erbland. “We do want to have a voice.”

The Idaho Conservation League also asked retired District Judge James Judd, who was appointed to hear the Sanders Beach dispute, for inclusion. The statewide conservation group advocates for public access to public waters and thinks the Sanders Beach case could impact access not only to Lake Coeur d’Alene but all of Idaho’s bodies of water.

Judd didn’t rule Tuesday on the two proposals for inclusion. He also didn’t make a decision on two separate motions asking him to immediately determine the legal high-water mark instead of going to trial in October.

Coeur d’Alene and Kootenai County filed a lawsuit in 2004 asking a judge to determine the legal high-water mark at Sanders Beach, which is east of Tubbs Hill and inside the Coeur d’Alene city limits.

By state law, the high-water mark is the line where private land ends and publicly owned beach begins.

No court has ever made the exact determination where that is, causing annual disputes between homeowners and people using the popular beach.

The lawsuit names the Sanders Beach homeowners between 12th and 15th streets, the Sanders Beach Preservation Association that advocates for public use and the Idaho Department of Lands – parties that have stakes in the location of the high-water mark.

Some parties, including the state Land Board, assume that 2,128 feet is the high-water mark. Others, such as Sanders Beach Preservation Association members, say the high-water mark is 10 feet higher.

All the parties opposed the Idaho Conservation League’s attempt to join the lawsuit, with some saying the Sanders Beach Preservation Association already represents its interest in public access.

The majority of the homeowners agreed that Judd should include the Coeur d’Alene Lakeshore Owners Association in the lawsuit because they are directly impacted. The state didn’t take a position while the Sanders Beach Preservation Association opposed the inclusion.

Judd also considered two motions for summary judgment but made no decision, saying it could take a couple of weeks. If he rules in favor of either request, there would be no need for a trial, which is scheduled for three weeks in October.

Attorneys for the homeowners asked Judd to rule that the actual location of the legal high-water mark isn’t important because property owners have control of all land to the water’s edge. The amount of land would fluctuate with the lake’s level.

Attorneys for the Sanders Beach Preservation Association and the one Sanders Beach property owner who believes the beach belongs to the public asked Judd to rule that the high water mark is at least as high as the seawalls along the Sanders Beach shoreline.

In March, Judd ruled that the public can use Sanders Beach until a final decision is made. The temporary ruling gives Coeur d’Alene authority to enforce city laws for such things as trespassing, free-running dogs and having open containers of alcohol. Those laws also apply to homeowners.