Round one of battle goes to the islanders

CRESCENT BAR - It appears the first round in the legal contest between residents of Crescent Bar island and the Grant County Public Utility District has gone to the islanders.

According to Crescent Bar Condominiums attorney Dale Foreman, Federal Judge Justin Quackenbush of Spokane ruled last Friday, June 3, that the lawsuit filed by the islanders will remain in his court.

The suit was filed in the U.S. District Court for the Eastern District of Washington late last year. The PUD's response was to file a motion for dismissal on the grounds that the suit was not filed in the appropriate court.

Although the venue mattered, more important to the islanders was acknowledgment they even had a case. A ruling in favor of the PUD's motion would have left that in question.

"There's clearly a case from what he said," Foreman said.

The issue leading to the lawsuit is the PUD's refusal to extend new leases to the more than 400 households on the island. The current leases run out in April of next year.

The islanders continue to hope for new leases or at least to be made whole for what they have invested in the island. They say they were forced into a lawsuit by a PUD that would not negotiate a fair outcome.

Quackenbush announced his decision during a conference call. Instead of calling all of the attorneys and litigants to Spokane, he handled this phase of the case over the phone.

Foreman said Quackenbush telegraphed his decision from the outset, making comments that were favorable to his clients' case.   He said that when Quackenbush spoke about lease extensions, he said "at least to 2023," leaving even the year 2052 in play.

Island residents have claimed repeatedly that the PUD promised extensions to 2052 in exchange for the support of the islanders in their battle with the Yakama Indian Nation to retain control of the Priest Rapids and Wanapum Dams.

Foreman noted Quackenbush said it appeared the PUD and the Port "may well have breached commitments."

Foreman was impressed when Quackenbush said he and his staff had spent "countless hours" studying the arguments and documents involved in the case. He said that indicated Quackenbush was handling the case with all seriousness.

Foreman said Quackenbush made clear statements that it appeared the PUD had made promises about lease extensions to the residents. He said Quackenbush said the islanders appear to have a "pretty good" Fifth Amendment claim for financial damages.

According to Foreman, Quackenbush suggested the parties agree to a postponement of the case until the Federal Energy Regulatory Commission rules on the PUD's long-range shoreline management plan, which calls for removal of the residents. He gave both sides until noon on June 17 to issue their opinions on the proposed postponement.

"He said that, if he decides to stay the litigation, he would issue an injunction against the PUD, the Port of Quincy and Crescent Bar Inc. from evicting the residents," Foreman said.

If the case ends up being postponed, it could be "many years" before it's tried. Foreman said he's been given to believe by attorneys familiar with it that the FERC process takes "a long time."

The lawsuit involves two representative sets of plaintiffs from each home owner entity on the island. Lewis Card represents the North Park plaintiffs, and Glenn Amster represents the South Park litigants.

Despite the victory, the islanders are proceeding cautiously. They are watching what they say. They are still hopeful of negotiations with the PUD. However, some express hope for the future.

"All of (the judge's) comments were more in our favor than in the PUD's favor," said South Park litigant Xavier Ramirez, who was on the conference call. "I got excited almost immediately after he started talking."

Ramirez understood the judge to say the residents had invested in the island based, in part, on promises from the PUD. Foreman concurred.

"It's a small victory for us," Condo resident John Polky said. "We're still in the game.  This means the judge thinks this case is complex enough and interesting enough to be heard."

Foreman said his office has requested a transcript of the proceeding. Attorneys will make it available to all island homeowners.