To: Richard Hannold, Island Co. Commissioner from District Number Three and Jill Johnson, Island County Commissioner from District Number Two
Save the Wonn Road Public Beach Access
We, the people of Island County, request that the Commissioners continue the lawsuit to remove the wall across Wonn Road begun in 2013. Do not accept the settlement agreement now being considered.
Why is this important?
Courthouse Annex Building, Room #B102, 1 N.E. 6th St. Coupeville, WA
SAVE THE WONN ROAD PUBLIC BEACH ACCESS
Why you should be concerned:
Wonn Road has been a public access to the water for over 100 years. In 1944, when Greenbank Beach was plotted, the road was dedicated to the public forever.
In 2008, the Montgomerys, owners of the lots on either side of the road, built a stone wall across the road, claiming the land at the end of the road was theirs.
In 2013, the County sued the Montgomerys to remove the wall. Island Beach Access (IBA), an all volunteer, grassroots organization, joined the lawsuit soon after.
In response to the lawsuit, the Montgomerys have provided no evidence, documents or surveys that show they own the land between the wall and the tidelands.
On Friday, January 8, the County revealed that they are considering a settlement with the Montgomerys. The settlement was negotiated between the County and the Montgomerys, without the knowledge or participation of IBA.
The settlement would close the Wonn Road access at the wall for the rest of the Montgomerys' lives. Those in favor of settling say that the access will return to the County after both Montgomerys are dead, perhaps 30 or more years from now.
The County Commissioners will be deciding whether or not to accept this settlement at their meeting on Tuesday, January 26.
THERE IS STILL TIME TO MAKE YOUR VOICE HEARD:
Sign the Request to the Commissioners.
Write or call your Commissioner.
Let your friends and neighbors know about this egregious taking of public lands.
From Commissioner Helen Price-Johnson:
PROPOSAL DOCUMENTS CHANGED
This message is to give you the latest information on the important public beach
access issue before the Commissioners on Tuesday. There have been changes made
to a settlement offer. Here is a link to the new document being considered.
Public beach access is a high priority for me. My position has been consistent since 2008. I promised to fight to preserve Wonn Road for all citizens. I don't support this proposal because I think it conflicts with state law, sets a terrible precedent, and more.
Montgomerys' settlement offer drops alternative properties
At Tuesday's Board of County Commissioners' meeting at 11 am, Prosecutor Greg Banks will be back to present his edited version of a settlement agreement on the beach access at Wonn Road. In exchange for $50,000 for beach park improvements, a beachfront lot at Ledgewood Beach and a release of public records requests, the Montgomerys gain title to the 40 foot strip of uplands and tidelands next to their vacation home for the rest of their lives, or if sometime during the next 10 years a majority of the Island County Commissioners accept an alternative property in exchange. Also in the agreement is a "gag order" of sorts restricting any employee or elected official from "directly or indirectly" assisting in a future legal action. The four listed properties in the previous version of the proposal have been deleted. There are criteria suggested in an attached resolution, but it is important to note that the document is not legally binding to a future decision.
This all began in 2008 when the Montgomerys built a stone wall across the end of Wonn Rd. cutting off historic public access to the beach near Greenbank Farm, claiming it was their private property. In 2009 the (then) Board of Commissioners voted to defend the public's right to beach access at a county road end terminating at the shoreline as per state law (RCW 36.87.130). A group of local citizens organized as Island County Beach Access (IBA) joined the County in the effort and began doing extensive research in support of the County's action. The Prosecutor's office finally filed the lawsuit in 2013, adding tidelands access to the suit, and IBA was given permission by the court to join in the action. IBA also argued that historic prescriptive easement should preserve public use at this beach property, even if the quiet title action is unsuccessful. In August 2014, Montgomery, IBA, the Prosecutor and Commissioner Jill Johnson met with a mediator to seek a resolution to the dispute. The Prosecutor negotiated a settlement agreement without IBA's involvement, and against my objection. When it was revealed, IBA urged the Commissioners to delay action until a thorough legal analysis can be done on the offer. The Prosecutor refused this request and so a restraining order has been requested from the Court. That hearing is scheduled for Friday, January 29, 2016.
It is my belief that this proposed settlement conflicts with the state law noted above, does not resolve the issue of prescriptive easement, restricts First Amendment rights of those covered by the "No Assistance" section (2.g) and exposes the County to future litigation.
The proposal is on the Tuesday, January 26 agenda, scheduled for 11 am public comment.
Many constituents have already expressed concern about the proposal.
Emails and phone calls, even an online petition of over 500 signatures opposing the settlement show the overwhelming public support for having the court decide this issue.
Your input is welcome too.
Island County Commissioner Helen Price Johnson
(360) 679-7353
[email protected]
www.islandcounty.net
SAVE THE WONN ROAD PUBLIC BEACH ACCESS
Why you should be concerned:
Wonn Road has been a public access to the water for over 100 years. In 1944, when Greenbank Beach was plotted, the road was dedicated to the public forever.
In 2008, the Montgomerys, owners of the lots on either side of the road, built a stone wall across the road, claiming the land at the end of the road was theirs.
In 2013, the County sued the Montgomerys to remove the wall. Island Beach Access (IBA), an all volunteer, grassroots organization, joined the lawsuit soon after.
In response to the lawsuit, the Montgomerys have provided no evidence, documents or surveys that show they own the land between the wall and the tidelands.
On Friday, January 8, the County revealed that they are considering a settlement with the Montgomerys. The settlement was negotiated between the County and the Montgomerys, without the knowledge or participation of IBA.
The settlement would close the Wonn Road access at the wall for the rest of the Montgomerys' lives. Those in favor of settling say that the access will return to the County after both Montgomerys are dead, perhaps 30 or more years from now.
The County Commissioners will be deciding whether or not to accept this settlement at their meeting on Tuesday, January 26.
THERE IS STILL TIME TO MAKE YOUR VOICE HEARD:
Sign the Request to the Commissioners.
Write or call your Commissioner.
Let your friends and neighbors know about this egregious taking of public lands.
From Commissioner Helen Price-Johnson:
PROPOSAL DOCUMENTS CHANGED
This message is to give you the latest information on the important public beach
access issue before the Commissioners on Tuesday. There have been changes made
to a settlement offer. Here is a link to the new document being considered.
Public beach access is a high priority for me. My position has been consistent since 2008. I promised to fight to preserve Wonn Road for all citizens. I don't support this proposal because I think it conflicts with state law, sets a terrible precedent, and more.
Montgomerys' settlement offer drops alternative properties
At Tuesday's Board of County Commissioners' meeting at 11 am, Prosecutor Greg Banks will be back to present his edited version of a settlement agreement on the beach access at Wonn Road. In exchange for $50,000 for beach park improvements, a beachfront lot at Ledgewood Beach and a release of public records requests, the Montgomerys gain title to the 40 foot strip of uplands and tidelands next to their vacation home for the rest of their lives, or if sometime during the next 10 years a majority of the Island County Commissioners accept an alternative property in exchange. Also in the agreement is a "gag order" of sorts restricting any employee or elected official from "directly or indirectly" assisting in a future legal action. The four listed properties in the previous version of the proposal have been deleted. There are criteria suggested in an attached resolution, but it is important to note that the document is not legally binding to a future decision.
This all began in 2008 when the Montgomerys built a stone wall across the end of Wonn Rd. cutting off historic public access to the beach near Greenbank Farm, claiming it was their private property. In 2009 the (then) Board of Commissioners voted to defend the public's right to beach access at a county road end terminating at the shoreline as per state law (RCW 36.87.130). A group of local citizens organized as Island County Beach Access (IBA) joined the County in the effort and began doing extensive research in support of the County's action. The Prosecutor's office finally filed the lawsuit in 2013, adding tidelands access to the suit, and IBA was given permission by the court to join in the action. IBA also argued that historic prescriptive easement should preserve public use at this beach property, even if the quiet title action is unsuccessful. In August 2014, Montgomery, IBA, the Prosecutor and Commissioner Jill Johnson met with a mediator to seek a resolution to the dispute. The Prosecutor negotiated a settlement agreement without IBA's involvement, and against my objection. When it was revealed, IBA urged the Commissioners to delay action until a thorough legal analysis can be done on the offer. The Prosecutor refused this request and so a restraining order has been requested from the Court. That hearing is scheduled for Friday, January 29, 2016.
It is my belief that this proposed settlement conflicts with the state law noted above, does not resolve the issue of prescriptive easement, restricts First Amendment rights of those covered by the "No Assistance" section (2.g) and exposes the County to future litigation.
The proposal is on the Tuesday, January 26 agenda, scheduled for 11 am public comment.
Many constituents have already expressed concern about the proposal.
Emails and phone calls, even an online petition of over 500 signatures opposing the settlement show the overwhelming public support for having the court decide this issue.
Your input is welcome too.
Island County Commissioner Helen Price Johnson
(360) 679-7353
[email protected]
www.islandcounty.net