Swan Lakers settle over Kootenai Estates

By ALEX STRICKLAND / Bigfork Eagle

The Swan Lakers, Lake County and the developers of Kootenai Lodge Estates, the Milhous Group, have finalized an out-of-court settlement over the development mouth of Swan Lake, according to court documents.

The settlement was finalized in mid-August, but had to be signed by all of the parties involved.

"This is a great victory for the Lakers and everyone who cares about appropriate development and the nature of the community," said Peter Leander, president of the Swan Lakers.

The Lakers brought a suit against Lake County alleging that the commissioners allowed the Milhous Group to avoid regulations when they approved the development. Leander said the Lakers felt the county had created an "uneven playing field."

The settlement states that in dealing with subdivision application, Lake County must consider density; that the county doesn't just have to accept the developer's proposed number of units; that the county must consider historical and cultural value and the county can't consider the threat of a lawsuit when reviewing subdivision applications.

The settlement also dictates that the Johnson Creek floodplain must be established and that no structures may be built within the 80-foot Johnson Creek setback or within the revised 100-year floodplain, whichever is a greater distance from the creek.

The development will have to comply with lighting and noise standards to minimize impact on the surrounding area, including avoiding any outdoor construction noises between 6 p.m. and 7 a.m. Monday through Saturday and all day Sunday.

The settlement also stipulates that Milhous would have to contribute $8,000 per year for the next five years toward studying water quality in Swan Lake, and the Swan Lakers would contribute $1,000 per year for the same duration.

Although Leander said the Lakers were unable to get the number of boat slips lowered, the developer did agree to put a deed on the property so that no more slips could be added later by him or another owner. Twenty four slips will be constructed, with each of the four docks bearing a sign indicating that there is a no-wake zone on the northern end of Swan Lake.

Finally, the settlement mandates that no one on the Swan Lakers board of directors or with Milhaus make any derogatory public statements about the other party to media, government officials or at public meetings.

It was also decided that a liaison would be selected to help foster better communication between the Lakers and Milhous.

"We want to work together and minimize impact," Leander said.

The Swan Lakers group was formed in response to the development at the north end of Swan Lake and a Supreme Court decision on whether or not community groups like the Lakers had standing to bring suit against a county or developer was slated to be decided earlier this year, but has since gone off the docket. Such a decision would have wide-ranging impact across the state, and Leander said the Lakers' lawyer would likely try to bring a declaratory action case before the court sometime soon.