Arguments made in large boat garage case

By BRIAN WALKER

Staff Writer

COEUR d'ALENE — A district judge on Tuesday heard arguments on whether a case involving what upset neighbors call a "monster" of a boat garage on Lake Coeur d'Alene should be reconsidered, but refrained from making a decision.

Judge Cynthia Meyer, who in July dismissed the nuisance complaints filed by neighbors Roy and Nancy Newton against garage owner Brian Kenworthy, took the arguments under advisement and said she'd make a decision "as soon as possible."

Kenworthy’s two-story, four-bay garage in Everwell Bay is 2,508 square feet.

The sides disagree on whether the structure was properly permitted and the public was properly notified through the Idaho Department of Lands.

Attorney Bob Dunn, who represents the Newtons, told Meyer this case will set a precedent for the rest of the state.

"This is an extremely important case because it implicates not only the waters of Lake Coeur d'Alene, but all the other lakes Idaho Department of Lands has jurisdiction over in favor of the people who use the waters of Idaho," Dunn said.

He said the motion to reconsider was filed because Meyer's July dismissal was contrary to her original judgement in the case in February 2017 that set a jury trial in motion.

After the hearing, Roy Newton, who said the garage has terrorized the views and navigation paths on the lake for neighbors for the past three years, said he's asking the judge to be fair.

"A judge's job is to try to find the fairness of a case so all parties have proper say," he said. "We have not had a proper say."

Newton said he believed Meyer was going to issue some findings in July to simplify the case and was shocked a dismissal ruling was made instead.

"She simplified it all right," he said. "She ended the case completely."

Laura Aschenbrener, Kenworthy's attorney, said Kenworthy has done everything to comply with IDL rules. She said the Newtons' claims are "baseless" and no new evidence has been submitted to indicate Meyer's earlier decision was improper.

Kenworthy declined to comment after the hearing.

Aschenbrener asked Meyer to consider awarding Kenworthy reimbursement for attorney fees brought on by claims from the Newtons.

Regardless of what's decided at the district court level, the Newtons have already filed an appeal to the Idaho Supreme Court.