Bayview Park is indeed a park: The district court issued an order in favor of neighbors contesting the county’s attempt to eliminate the park status.

Thursday, April 11, 2002

Bayview Park is indeed a park: The district court issued an order in favor of neighbors contesting the county’s attempt to eliminate the park status.

The one-acre parcel of land beside Fountain Lake was labeled as &uot;Bayview Park&uot; in the plat, but the county contended it was nominal and never meant the land was dedicated as a public park. Neighbors who want the land to be a park argued otherwise.

Judge John Chesterman said in the order, &uot;The court finds that genuine issues of material fact exist regarding whether Defendant landowners in the area relied to their detriment on the plat’s designation of said land as a park.&uot;

The county forfeited the land in 1991 as a result of a default in property tax payments by Shorelands Inc., a developer of the area.

The land value assessed by the county is $14,400. But the unclear designation of the land hampered attempts to let the property be taxable by selling it.

The county argued that the tax forfeiture extinguished the neighbors’ easement even if it existed, because it was not on record.

But Chesterman cited past court decisions in which an unrecorded easement was not automatically eliminated without public consent or operation of law. He said, &uot;The fact that Defendant’s interest in Bayview Park may be an equitable one does not mean that it was cut off by the tax sale to Plaintiff.&uot;

William R. Sturtz, representative of the residents and former district court judge, received the order Tuesday, and notified his neighbors.

&uot;It has become clear now that the land is a park owned by the county,&uot; said Sturtz. He will consult with the neighbors about the court decision and discuss how they would manage the park or ask the county to do it.