updated: 01/12/2016
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| Author: Wilson Binger | Wonn Road Settlement Agreement | Posted: January 9, 2016 |
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2016 January 9 To All, I learned yesterday that the County has been negotiating a settlement agreement with Montgomery that gives up the end of Wonn Road in exchange for a parcel of land below Ledgewood and $50,000. They will be discussing the settlement at their working session this coming Wednesday, January 13, The session starts at 9 AM. This is last on the agenda, scheduled for 10:45. Click here for a pdf of the proposed settlement agreement. Following is the e-mail I sent to the Commissioners. Please let people know about this. Also, please consider writing the commissioners and attending the meeting. The commissioners need to know that people value beach access and don't want the County to give away one of the few accesses on this side of the island. If you have questions, feel free to contact me. Thanks, Wilson Binger Subject: Wonn Road Settlement Agreement Date: Sat, 9 Jan 2016 11:23:20 -0800 Commissioners, The public first learned of the proposed settlement agreement with the Montgomerys regarding the end of Wonn Road on Friday when it was included on the agenda of the Commissioners' Wednesday Working Session. Although I have been working on this issue as a member of Island Beach Access, this was the first time I saw the proposed settlement or heard anything about what was in the agreement. I have since learned that the County has been negotiating with the Montgomerys for some time. I urge you not to sign the settlement at this time. As written, the settlement will have the County giving away one of the few public accesses on the east side of Whidbey Island between Coupeville and Freeland. In exchange, the County would receive title to a worthless piece of property next to an existing County Beach Access in Ledgewood and $50,000. This is far from a fair exchange. Wonn Road has a long history as a public access to the water. It is one of the few public accesses along the east side of Whidbey Island. For people in the Greenbank area as well as people visiting the Greenbank Farm, it is a place to access the water. It is also a place to appreciate the history of the island. The old pilings provide a visual reminder of the days when access to Whidbey was entirely by the old Mosquito Fleet. The Wonn Road Access should be maintained as a public access. Island Beach Access is a grass roots, all volunteer organization that was formed to preserve, maintain, and improve public accesses to the beaches of Island County. IBA joined the lawsuit against the Montgomerys to help the County. We have provided the County with research and public records documenting the public ownership of the uplands and tidelands at the end of Wonn Road. We have tried to cooperate with the County and to help you make your case against the unlawful taking of Wonn Road. To suddenly learn that the County has been negotiating with the Montgomerys is upsetting and makes us wonder if the Commissioners have the best interests of the public in mind. In 2006, the Montgomerys purchased the lot on the south side of Wonn Road. In 2008, they constructed a wall across Wonn Road and posted a sign stating that the land beyond was private. After numerous petitions and public protests, the County filed suit against the Montgomerys in 2013. IBA joined the suit soon after and included the tidelands in front of the road. The County added the tidelands to its suit in early 2015. Since the original lawsuit was filed, there have been numerous motions and declarations filed with the court by all three parties. All the parties have also conducted discovery. In all the court filed documents as well as those provided through discovery, the Montgomerys have provided nothing that shows they own the uplands between the wall and the tidelands. Further, they have provided no legal argument for why they own those uplands. They do have a deed for the tidelands in front of Wonn Road, but that deed is based on earlier defective deeds, and thus is also defective. The County Prosecutor is well aware of these facts, and prepared a strong motion for summary judgment on the uplands. Before resorting to a settlement, the County could resubmit its motion for summary judgment, perhaps adding the tidelands. IBA would support this motion or file its own, parallel motion. We have every reason to believe that the County and IBA would win the case. The Montgomerys have pushed for this settlement because they know that they have no legal case and would lose in the courts. Finally, before entering into this agreement, the County should carefully consider whether they are breaking the law by transferring a public road abutting the water in violation of RCW 36.87.130. If so, the agreement would be considered void, and the County would be breaking the law. The law was passed to preserve public access to the water, recognizing the value of such access by the public. The County has also voiced its concern for maintaining access to the shorelines; this is an opportunity to show its citizens that you mean what you say. Thank you, Wilson Binger Greenbank, WA |