Grant PUD asks judge to dismiss Crescent Bar lawsuit

EPHRATA — Grant County PUD is asking U.S. District Court Judge

Justin L. Quackenbush to dismiss a lawsuit filed by 11 Crescent Bar

leaseholders and three homeowners’ associations.

The group representing about 400 leaseholders sued Grant County PUD

last month for not renewing their lease to continue living on the

publicly-owned island.

They asked the PUD to allow them to stay on the island through the

term of the district’s 44-year federal license.

The PUD’s new federal license to own and operate its Columbia River

dams was renewed in 2008.

The islanders lease expires in 2012.

In

a response filed recently, the PUD asked that its court costs and

legal fees be reimbursed, said Dorothy Harris, a district

spokesperson, on Monday.

She didn’t know when the court would make a decision about the

case.

The original lawsuit did not state that federal approval of any

lease extension would be required, she said.

Grant PUD also provides legal reasons for rebutting the group’s

clams.

“Plaintiffs premise their claims against the PUD on the following

provisions in the April 23, 1979 lease agreement (corrected copy):

“Lessee, lessor and the PUD reaffirm their desire to extend the

term of the June 5, 1962 lease and this lease agreement until Feb.

28, 2023,” according to court documents.

The provision “proves unenforceable as a matter of law, with the

result that plaintiffs fail to state a claim for breach of contract

against the PUD,” state court documents.

The group allegedly did not state a claim against the PUD “due to

the failure to a condition precedent,” such as approval by the

Federal Energy Regulatory Commission of a lease extension,

according to court documents.

The PUD denies that verbal promises were made about extending the

lease, Harris, of Grant PUD, said.

Another issue concerns the North Park Homeowners Association

because its state registration, making it a non-profit corporation,

allegedly expired in 2007.

As

a result, the association doesn’t have legal authority to sue for

damages or for other relief, Harris explained.

Also the Crescent Bar Condominium Master Association and the

Crescent Bar South R.V. Park Owners Association allegedly have no

legal authority to claim damages or other relief for any person or

entity other than themselves, court documents state.

The Columbia Basin Herald was unable to reach Dale Foreman, the

group’s Wenatchee attorney.