Judge bars eviction of islanders

CRESCENT BAR –  A federal judge issued an order on Dec. 27 that bars the Grant County PUD from evicting residents of Crescent Bar island until March 1.

What will happen after that date is a question, but District Judge Justin L. Quackenbush of the Eastern District of Washington plans to have a hearing then on the merits of a request for a temporary restraining order and preliminary injunction sought by the islanders.

“A further stay of this case (is) not warranted,” he said in the same ruling.

Facing a looming deadline for eviction action by the PUD, Quackenbush set dates for court action by the parties. Plaintiffs must file their motion for  temporary restraining order and preliminary injunction no later than Jan. 13, he said.

Quackenbush gave the PUD until Feb. 10 respond to that motion. Then plaintiffs will have until Feb. 20 to respond to that filing.

“A preliminary injunction hearing will be heard telephonically on March 1,” he said.

As in the past, Quackenbush employs language that indicates the PUD has the harder row to hoe.

“The court finds that in their timely filed motion, the CBRVHA (Crescent Bar Recreational Vehicle Homeowners Association) has alleged sufficient facts to suggest that it and its members have a significant protectable interest in this action...,” Quackenbush said.

In another section of the ruling, Quackenbush states: “A cursory review of the allegations in the complaint indicates to this court that plaintiffs my succeed on the merits.”

Of particular interest to Quackenbush now, and in the past, is a claim by the islanders that the PUD was to seek approval from the Federal Energy Regulatory Commission for a lease agreement written in 1979 to extend lot leases on the island to 2013. He appears to side with their claim.

“...The PUD has apparently never requested FERC approval of the continued, already existing, residential occupation of (Crescent Bar Island) and extension of the expiration of the lease as provided in the  1979 tri-party lease agreement.”

The PUD has ordered residents of the island to vacate by June. The islanders filed a lawsuit Jan. 19 challenging that order. They want the court to order the PUD to extend leases to 2023 or compensate each resident for financial losses that would be incurred.

“The purpose of the restraining order is to preserve the status quo before a preliminary injunction hearing is held,” Quackenbush said.

If the judge issues an injunction after March 1, that will stretch out the time during which the PUD can't evict. He has indicated before he may order a stay for the case in general until the FERC accepts or declines a shoreline management plan by the PUD and/or the 2023 lease extension year.