News-Times Whidbey
SPORTS: High jumper wows at jamboree. A9
SATURDAY, MARCH 16, 2013 | Vol. 114, No. 21 | www.whidbeynewstimes.com | 75¢
Port questions records access By NATHAN WHALEN Staff reporter
File photo
Greenbank property owner Bruce Montgomery speaks to a reporter during a community demonstration on Wonn Road in early 2009. Island County is suing Montgomery for a wall he built on property that may be a public beach access.
Property dispute heads to court By JUSTIN BURNETT Staff reporter
The long wait for Island County to take legal action against a Greenbank property owner and reclaim a disputed public beach access has finally come to an end. On March 6, the Island County Prosecutor’s Office filed a civil lawsuit against Wonn Road property owner and pharmaceutical giant Bruce Montgomery. The filed suit is for ejectment and quiet title, declaratory relief and to abate a public nuisance. In layman’s terms, the county is seeking to lay legal rights on the disputed beach access, once and for all. “The county is trying to reclaim the road for public use, all the way to the water,” said David Jamieson, chief civil deputy for the prosecutor’s office. As of Friday, Montgomery’s attor-
“The county is trying to reclaim the road for public use, all the way to the water.” David Jamieson, chief civil deputy for the prosecutor’s office
ney, Dennis Dunphy of the regional law firm Schwabe, Williamson & Wyatt, had not filed a response to the county’s summons and complaint. In an interview this week, Montgomery said he is hoping to resolve the issue out of court with a meeting of attorneys, but won’t back down from a legal battle if push comes to shove. “We’ll just have to see what happens,” Montgomery said. He maintains the property is his and
called the county’s case “thin.” He said he believes it will crumble under the weight of property records that prove private ownership and past determinations by former county officials. “It’s a rifle-shot lawsuit,” Montgomery said. The issue erupted nearly five years ago when Montgomery built a rock wall at the end of Wonn Road. The road end is adjacent to his home and forms the beginning of his driveway. Montgomery claims the wall was constructed to keep people from driving on his drain field, which is located in the grassy area between the end of Wonn Road and the shoreline. Members of the community, among them the late Glen Russell, were quick to cry foul, noting the road end was
FINAL DAY! THURSDAY, MARCH 21
See Lawsuit, A20
Former Port of Coupeville volunteer Rick Abraham defended himself this week against what he called “unfounded attacks.” “My name, my family’s name is now associated with the words ‘without permission’ and ‘illegal’ and is now part of the Port of Coupeville’s permanent and historical record,” Abraham said during Wednesday’s port commission meeting. Abraham’s comments stem from remarks made on the record in February by port commissioners Benye Weber and Marshal Bronson. In early February, Abraham entered the Port
of Coupeville’s office, which was locked and closed to the public at the time. He entered the port office through a door connected to a neighboring business. Abraham admitted he obtained access to records about the Coupeville Wharf contained on the port’s computer. “I was absolutely that appalled that you downloaded information without anyone being there,” Weber told Abraham Wednesday. Weber said she wanted to confront Abraham during the February meeting, but he had left early. “It was unethical,” Weber said. “I still think it was See Port, A20
Oak Harbor looking at hiring city attorney By JESSIE STENSLAND Staff reporter
Oak Harbor may soon gets its fourth city attorney in a little over a year. The City Council will decide during Tuesday night’s meeting whether to confirm the mayor’s appointment of Bert “Dee” Boughton to the position. Boughton was the Port Townsend city prosecutor and assistant city attorney until the end of last year when his job was one of 10 eliminated during budget cuts. If confirmed, Boughton said he plans to move to
Oak Harbor with his wife and their two school-aged boys. “I really love Whidbey Island,” he said, “the north end particularly.” Mayor Scott Dudley said a panel of council members and city officials interviewed two candidates and he chose Boughton for the $135,000-a-year job. Getting to this point has See Attorney, A20
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