Parks department rescinds lease on controversial property

By JACOB DORAN / Bigfork Eagle

The controversy over the lakeshore property leased to the county in late October heated up last week, when the Flathead County Park Board heard testimony from a family member who claimed that the donor had been misled and even taken advantage of.

Terry Eacker, a son-in-law who claimed to have brought a letter signed by the property owner, Frank Pusich, said his father-in-law's health had suffered as a result of the stress over a lease that he never wanted. While denying that Pusich had been taken advantage of, the Parks Board voted to rescind the lease rather than hold him to it against his will.

Eacker said that Pusich originally came to the Park Board to seek cooperation in having boulders removed from the county's right-of-way, adjacent to the property. The boulders had been placed on the right-of-way by a neighboring property owner to prevent anyone from parking there, as Pusich had always done.

Eacker explained that Pusich had already gone to the Flathead Roads Department, as well as the Flathead County Sheriff's Department, and had finally come before the Parks Board, not knowing who else to turn to. He alleged that the lease, which gave the county 65 feet of lakefront property on North Lakeshore Boulevard in Lakeside, had been the proposed by the Parks Board rather than Pusich, with agreement that the county would remove the boulders and reinstate parking on the right-of-way.

"I went to them to get the parking back," Pusich said. "There's been parking there for 50 years. I went to the Roads department three times, but they wouldn't do anything about it because they were afraid they'd be opening up a can of worms.

"The lease was their proposal. When I went to them about the parking, they came up with the idea to have a lease and make the property a park. I agreed to the lease, because I had the land but couldn't get to it as long as the rocks were there. I figured, 'What do I have to loose?'"

Eacker expressed outrage during last Monday's meeting, concerning the Park Board's treatment of his father-in-law and insisted that the facts be correctly reported about how the situation had come about.

"I feel that the county took advantage of an old man who came to the county with a problem," Eacker said. "Frank's whole fear in all of this was to express opposition. The whole reason he agreed to this was that this was only board that offered him a solution."

However, despite the alleged agreement, Eacker noted that the county never followed through and removed the rocks.

"I figured, as soon as they heard about it, they would be right down there and take care of it," Pusich said.

While the county did eventually remove the boulders from the adjacent property, which is owned by the county, the boulders on the right-of-way on the Pusich property remained where the current owner of the Little Red Schoolhouse placed them months ago.

Pusich said the county's inaction in restoring the parking on both sides of Lakeshore Boulevard caused him to rethink the lease, feeling that it had been a mistake.

Flathead County Parks and Recreation Director Jed Fischer took umbrage to the accusation that he had taken advantage of Pusich, stating that it had never been his intent and that the lease had indeed been Pusich's idea. He added that Pusich had even named the price.

Fisher said he believed Pusich to be a good man and would never have taken advantage of him. In reference to Pusich's health, Fisher said he felt bad that the situation had affected him in that way.

"I take Frank's health very serious," Fisher said. "I wouldn't want to see anything happen to his health because of this."

Fisher also stated that Pusich had previously affirmed the opposite of what Eacker alleged and that he wanted the lease.

Former county attorney Tom Esch of Tom Esch of Tom Esch Law Firm, who has represented property owners Jim and Kathy Cummings in asking the Parks Board to rescind the lease, attested to Fishers assertion.

"I heard him equivocate," Esch said, referring to the last meeting with Pusich and Fisher.

Even so, Esch added that he believed Pusich's main reason for approaching the Park Board was to obtain help in removing the boulders and restoring parking. He compared the situation to someone who goes to a contractor looking for help fixing a broken window and, in the process, ends up with siding on his house.

"I think that having more lake access is a good thing," Esch said, but not at this place. The neighbors don't want it. It's unsafe. There are problems with traffic. There are problems with noise. There are problems with garbage. There is already a park on that street, which they think is problematic."

While members of the Park Board defended Fisher, expressing their belief that he had attempted to do the right thing, the board voted unanimously to rescind the lease, effective immediately.

Fisher assured that County Attorney Jonathan Smith would pursue the matter of removing the boulders with the Flathead County Roads Department and that he was sure the Flathead County Commissioners would support the decision of the Parks Board in the matter.

Although the boulders remained on the property as of the weekend, Pusich said the matter was settled in his mind and that things would return to normal. He added that he did not harbor any ill feelings over the matter.

"I don't feel that I was taken advantage of," he said. "I feel kind of let down and lied to, but I don't think that anyone took advantage of me."