Judge stands by ruling on Sanders

Wanting to avoid more confrontations and potential violence, a judge Thursday stood by his ruling to keep Coeur d’Alene’s popular Sanders Beach open to the public during the summer and allow the city to enforce its laws there.

Retired District Judge James Judd, who was appointed to hear the Sanders Beach dispute, said he will recommend that the Idaho Supreme Court not allow an appeal of his temporary ruling to keep the beach open. The Supreme Court will have the final say on the appeal request.

The homeowners along Sanders Beach asked Judd on Thursday for permission to appeal his March order to treat Sanders Beach like any other city park.

Coeur d’Alene now has the clear authority to enforce city laws for such problems as trespassing, free-running dogs and beachgoers with open containers of alcohol.

Until now, the city has declined to enforce at Sanders Beach the laws in place at city parks because it was unclear whether the beach was public or private.

The property owners argued that the beach should be treated as private property until a final decision is made in the ongoing ownership case.

Judd still must issue a formal recommendation to the Supreme Court, but he told the parties that he doesn’t support an appeal because it could cause more uproar on the beach this summer.

“We’d have the same problems as summers before, and I don’t want that,” Judd said.

The judge added that keeping the beach open during the court proceedings won’t affect arguments made during the October trial. He also doesn’t want a potential appeal to postpone the trial.

Judd said giving the city authority to enforce the laws at Sanders Beach should reduce homeowners’ annual complaints about beach users leaving trash, using foul language and partying all night.

The inability to enforce the laws has resulted in heated conflicts between homeowners and beach users – confrontations that city officials feared would turn violent this summer.

That’s why Coeur d’Alene and Kootenai County filed the lawsuit in October asking a judge to determine the legal high-water mark on Sanders Beach.

The high-water mark is the line where private land ends and where publicly owned beach begins, which would determine whether the beach is public or private.

No court has ever made the exact determination.

Sanders Beach Preservation Association attorney Scott Reed, who advocates for public use, said keeping the beach open to the public during the court proceedings doesn’t take anything away from the homeowners because the public has always used the beach. He said Judd’s ruling is intended to act as a “safety valve” to ensure the safety of the public and the homeowners.

Judd said that if any problems arise this summer, he is willing to reconsider the beach rules.

Attorney John Magnuson, who represents the majority of the homeowners, argued that opening the beach to the public takes away the homeowners’ ability to enjoy their property.

Just because local residents have used the beach for nearly a century doesn’t mean the homeowners gave up their rights, he said.