Quackenbush delays decision

CRESCENT BAR - A decision on whether to postpone the Crescent Bar residents' lawsuit against the Grant County Public Utility District has been delayed about three weeks.

In an order issued on June 28, federal Judge Justin L. Quackenbush announced he will make his decision on July 22. There will be a hearing (by phone conference) that day at 3:30 p.m.

Quackenbush had planned his decision for June 30, but Crescent Bar Inc. requested additional time, to July 18, to submit a position paper.

In addition, the position statements by the residents and the PUD turned up "numerous new issues" and "factual contentions" in arguments regarding an injunction that would keep residents on the island indefinitely.

According to Crescent Bar Condominiums litigant John Polkey, the contentions arose when the attorneys for the residents submitted a rebuttal to claims by the PUD regarding the waste water and water systems and fire safety.

Last in the chain of leases and sub-leases involved, Polkey said the residents were never responsible for those issues. It was Crescent Bar Inc, The Port of Quincy and, ultimately, the PUD, he said.

"FERC's (Federal Energy Regulatory Commission) license says that the PUD is ultimately responsible for all safety issues no matter how much they lease and sub-lease," Polkey said.

"If they're saying we have these safety problems, then they're admitting collective negligence," he added.

But Polkey said it's the residents' contention that things are not as the PUD makes them seem. The safety issues are not what the PUD stated in its submission.

As an example, he pointed to the condos. He said the PUD claims they have less than one-hour firewalls when they have more than one-hour fire walls.

Polkey said the walls are 12 inches wide, with two rows of 2-x-6 studs and 5/8-inch thick drywall on each side.

Polkey added that there is enough room for fire trucks to maneuver in North Park and South Park residential areas.

"If the PUD knew there were fire hazards, they should have told the county, and the county building inspector should not have issued permits," Polkey said.

On the waste water issue, Polkey said the residents have environmental experts who say needed improvements can be done for between $250,000 and $1.25 million, not the $6 million the PUD claims.