Herald Journal: Garden City Wins On Beach Access Through Subdivision

GARDEN CITY, Utah In an interview this week with Garden City Mayor John Spuhler, RCTonline asked him about his feelings on the outcome of the lawsuit. Spuhler said that he was pleased that the Judge made that ruling which is what the city attorney and others had believed to be correct.  He also said that the beach access was needed and wanted by visitors to Bear Lake.

Spuhler said that the access would be pedestrian only, no motorized vehicles and that the city would work with adjacent property owners if there were any problems.  He also noted that there is a Garden City shuttle bus which will take people to the beach accesses.

Amy Macavinta, Reporter Herald Journal, 
Reprinted with permission

LOGAN, Utah.  September 10, 2014. A lawsuit challenging public access to a segment of Bear Lake’s west beach was dismissed by a 1st District Court judge this week.

In June, the Shore Lodge Estates Homeowners Association filed a lawsuit against the Town of Garden City and its mayor, John Spuhler. In the formal complaint filed in court, homeowners say each of the seven driveways providing access to their homes have always been and were always intended to be private.

Attorney Daniel Dansie maintains that the developers of the Shore Lodge Estates never intended for these properties to be anything but private homes with private access to the beach area.

However, the city argued there is nothing in either the amended or the original plat to indicate that the streets are not intended for public use.

“The fact of the matter is, those are public accesses,” Spuhler said. “We tried to work with them before they filed the suit, but they sued us, and the judge made the proper ruling. … They are now open, and we are glad that the judge ruled as he did. I’m glad the public has six more accesses.”

After hearing arguments from both sides, Judge Thomas L. Willmore dismissed the case entirely on multiple counts.

Primarily, Willmore ruled that neither the homeowners’ association nor the individual landowners have demonstrated that they have the standing to seek relief in this matter “because the individual lot owners do not have an ownership interest in the streets and have no legal right to control them.”

Additionally, Willmore ruled that Shore Lodge Estate HOA also has no ownership in either the streets or the individual lots and no covenants, restrictions or easements have been recorded against the individual lots.

Homeowners living in this subdivision say opening up access to the beach through their properties will subject them to littering, trespassing, vandalism and property damage, but the attorney representing Garden City said such claims are merely speculative.

Willmore agreed and concluded that the HOA had not demonstrated how its members would be adversely affected — therefore relief cannot be granted.

Shore Lodge Estates had also accused the town of illegally removing the gates that have been in place for decades. However, the courts were unable to address that claim because the gates were individually owned by the property owners, not collectively owned by the association and its residents.

———

amacavinta@hjnews.com

Upcoming!

Bear Lake Visitors and Convention Bureau Posts Upcoming events

Don Edwards Concert

September 17, 2014 7:00 pm - 10:30 pm

On this special Wednesday event, we welcome one of the legendary singers in all of the American West back for a repeat engagement at the Allinger Community Theatre. An historian, author, and musicolog...

Bear Lake Monster Cross

September 20, 2014 7:00 am - 1:00 pm

Bear Lake Monster Cross is an epic dirt road race and ride with fully supported aid stations and SAG vehicles to make your experience truly memorable. Distance options are 100 Miles and 62 Miles.

Live Music

September 20, 2014 8:00 pm - 11:30 pm

Live music performed by Third Strike at Cooper's Restaurant and Sports Bar at Bear Lake West, Fish Haven, ID. Show begins at 8:00PM. Call 208-945-2222 for more information.

Rich Rebels Take On Soda Springs

Rich Rebel JV tops Soda Springs

Rich Rebel Varsity beats Soda Springs
Photos by Tammy Calder


 

Rich Rebels



Rich Rebels vs Summit Academy
Photos by Tammy Calder



Rich Rebels lost to Summit Academy in overtime 20-21

Rich Rebels vs Westside

 

 

Rich County Sheriff's Report

Anita Weston, Reporter

Rich Civic Times

RANDOLPH, Utah.  August 2014. There were 246 incidents during the month of August.  The most frequent items are as follows:  12 agency assists, 14 animal problems, 28 citizen assists, 31 criminal histories, 23 medical emergencies, 16 traffic accidents with damage, 24 sovereign land problems, and 15 traffic hazards.

There were 113 incidents in Garden City, 51 in Laketown, 68 in Randolph, and 14 in Woodruff.

Garden City had 19 sovereign land issues, 17 citizen assists, 13 medical emergencies, 9 animal problems, 6 traffic hazards, 6 lost properties, 5 alarms, 5 agency assists, and 4 traffic violations.  There were 3 traffic accidents with damage and 2 each of the following:  civil processes, domestic disturbances, controlled substance problems, DUI Alcohol or Drug incidents, frauds, juvenile problems, and thefts.  There was one each of the following:  a welfare check, a VIN Serial number inspection, a trespass, a suspicious person/circumstance, a missing person, a lockout, a fish and game problem, a disorderly conduct, a civil dispute, an attempt to locate, an assault, and an abandoned vehicle.

Laketown had 6 citizen assists, 6 medical emergencies, 5 traffic accidents with damage, 5 sovereign land issues, 4 agency assists and 4 animal problems.  There were 3 alcohol offenses, and 3 thefts.  There were 2 lost property issues, 2 traffic accidents with injuries and 2 traffic hazards.  There was 1 each of the following:  an alarm, a disorderly conduct issue, a domestic disturbance, a juvenile problem, a missing person, property damage—not vandalism, suspicious person/circumstance, a traffic violation, and a VIN serial number inspection.

Randolph had 31 criminal histories, 6 traffic accidents with damage, 4 citizen assists, 4 medical emergencies, 3 agency assists, 3 civil processes, 3 transportation of person/property, and 2 each of the following:  citizen disputes, suspicious persons/circumstances, and traffic hazards.  There was one each of the following:  an animal problem, a DUI alcohol or drugs incident, an intoxicated person, a missing person, some property damage--not vandalism, a threat, a traffic violation, and a welfare check.

Woodruff had 5 traffic hazards, 2 traffic accidents with damage and one each of  the following:  an alarm, a citizen assist, a citizen dispute, a civil process, a DUI alcohol or drugs, a fish and game incident, and a welfare check.

Garden City had 18 traffic citations and 22 traffic violations, Laketown had 8 traffic citations and 10 traffic violations.  Randolph had 3 traffic citations and 3 traffic violations.  There were no traffic citations or violations in Woodruff.

There were 13 speeding violations, 2 minors in possession of alcohol, 2 following too close, 2 expired drivers licenses, 2 minors in possession of illegal substances, and 2 parking below the high water mark.  There were one each of the following:  A minor in possession of alcohol, an individual without a valid launch permit, an expired registration, operating a vehicle without insurance, driving under the influence, an open container/drinking alcohol, an expired driver’s license, driving while on suspension, another driving while on suspension, having possession of marijuana, having possession of drug paraphernalia, and a restricted parking/no parking incident.

Garden city had 16 traffic warnings and 18 traffic violations, Laketown had 19 traffic warnings and 20 violations, and Randolph had 1 warning and 1 violation.   The traffic warning report shows 14 motor vehicles on the beach, 11 speeding violations, 3 without valid launch permits, 2 AIS check station skips, 2 ATVs on the beach, 2 OHVs within 200 feet of the water, and a registration violation, a fire restriction violation, a fish/hunt/ trapping without a license violation, a restricted parking/no parking area, and swimming within 75 feet of a dock.

The Unmuddled Mathematician

Piffleheisenschlausenpilz

By Chris Coray, the Unmuddled Mathematician

We have dear friends here in Bear Lake, a couple who’ve lived in this country for more than 60 years.  He is 84, from Poland, she is "70 ish", and is from Germany.  They moved to Utah after WW II, raised their family, and we have been close for all the time we’ve lived near Bear Lake.  They have taught us many things and last week taught us some more.

It all started a week ago as a small army of us went into the forest to cut firewood for the widows in our ward.  This is an annual thing and we make up for our advancing years with compensatory experience.  When we came down the mountain and finished delivering the wood I casually mentioned to this dear couple a new experience I had while getting the wood.  It was mushrooms.  Lots and lots of mushrooms everywhere in the forest.  The copious moisture we received from the end of July all through August had apparently been the biological cause.

Well, the mere mention of a mushroom bonanza made this couple so excited that we were pretty much required to take them back to the forest 3 days later.  I had no idea how special this was but got a clue when we picked them up, having on our part tossed in a couple to plastic grocery store sacks which didn’t look so spiffy when compared with the elegant woven baskets in their arms.  Up the hill we went.  Jan, at 84, has seen pretty much everything, has had several recent back and neck surgeries, and takes everything in stride.  That is, until we reached the forest.  I almost drove my truck off the road when he screamed.  At least it sounded like a scream but with no danger contained in his voice, just joy.  He had merely seen a big mushroom just off the road.  I stopped, he leaped out of the truck like a teenage kid and brought back this huge (at least 8 inches across) object that sure looked like a mushroom to me.

As we drove, or when we stopped and walked in the forest, we were surrounded by zillions of mushrooms of what seemed to be countless varieties.  Would you pick up and eat a mushroom about which you knew absolutely nothing? Not me, either. That’s how I felt.  Some of these fungi will kill you.  Others are just wonderful.  Well, these two, while not knowing every type, clearly knew a bunch of the most edible and delicious.  So there we were, walking through the forest, listening to this delightful couple yelling at the top of their lungs the presence and identity of the good mushrooms, all in German.  I think I heard the words Butterpilz, Raepilz, Piffenshliffenwattenlings, Steinpilz, Rikesters, and more.  All these spellings are made up by me from the phonetics these aging ears heard.   There was also, “No, not that one”.  I would like to say I am now an expert but that would be just false.  And since my sister in law picked only poisonous ones I'm never going with her either.

We dug (more properly sliced off) the good ones, treating them as gently as ripe peaches, cleaned them, sliced them, dried them, and then put in bottles more mushrooms than I have ever touched.   Then we did it again 5 days later.  This was a once in 40 year crop, according to our experts.  I used to think all mushrooms were small but after a few 3 pound babies I gained new appreciation.  A new trick learned by an old dog.  But being with a couple with a few ailments and watching them almost bound through the forest, shrieking and dancing as they discovered and harvested a special plant from their past was more than enjoyable.  It was wonderful.