County concedes in fight over ‘park’
Published 12:00 am Friday, February 7, 2003
The county gave up its fight over whether Bayview Park, which the government believes is a marketable forfeited property, is actually a park, as area residents believe.
The one-acre parcel of land adjacent to Fountain Lake was forfeited by the county 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 become taxable by selling it.
The county asked the court to clarify the designation, which triggered a lawsuit by the residents, who were concerned the sale and development of the land would obscure the lake view they enjoy and possibly affect their property values.
Last August, Judge John Chesterman ruled in favor of the residents, granting an easement to the general public for park purposes.
The county filed a notice of appeal to a higher court, but Judge Edward Toussaint has indicated that the deadline for appealing might have passed by then. The county subsequently decided to give up its challenge to the ruling.
&uot;We are satisfied with the result,&uot; said litigant William Sturtz, a former judge and resident of the area. &uot;Other than removing some dead trees and branches, we’d like the county to maintain the land as it is.&uot;
But County Auditor Dennis Distad said, &uot;The land was always taxed, and never used as park. I still believe the best interest for the county is to make the land taxable. We can still build a storage house for the county there.&uot;