The state Court of Appeals has agreed with a Thurston County Superior Court ruling that effectively found that a group of Lake Quinault area property owners doesn’t have the standing to sue over control of Lake Quinault.
The Quinault Indian Nation has asserted ownership and management of the lake. The legal battle was triggered when property owners along the lake were notified by the tribe that the property would be subject to certain rules and, for a time, that the water was off limits. The non-profit group North Quinault Properties first tried to sue the federal government and the Quinault Nation, but that suit was dismissed on the grounds that the federal government and the tribe can’t be sued without their consent.
After that, North Quinault Properties sued the state Department of Natural Resources in state court, claiming the state owned the lake bed and was failing to protect public access to it. Almost a year ago the Thurston County Superior Court granted a summary judgment to the state in that case, which is what was affirmed by the Appeals Court Monday.
North Quinault Properties claimed the Quinault Nation had no stake in the lawsuit, and that the status of the lake could be decided in the Nation’s absence.
The Court disagreed noting, “It is uncontested that the Nation claims an interest in the subject of this action: Lake Quinault. The treaty and executive order, both of which predate Washington statehood, evidence this claim.”
“These allegations have consistently failed in court because they just aren’t true,” Quinault Nation President Fawn Sharp said in a news release. “Quinault Nation owns Lake Quinault, so of course we have a stake in it. Lake Quinault always has been and always will be part of the Nation’s Reservation.”
The release also said the decision means the tribe can continue to manage access to Lake Quinault as it sees fit.
“The Quinault Nation has done an excellent job of managing and protecting Lake Quinault. It is sacred to us and although we are willing to share it, we will not tolerate abuse or misuse of it,” said Sharp.
Thomas Landreth, who said his family has owned land along the lake since 1943, is leading the North Quinault Properties group, which, he said consists of about 15 people.
Landreth is frustrated because the legal defeats his side has suffered have so far involved only jurisdictional issues and not the evidence his side would use to back up its claim. Key to his case Landreth said, is demonstrating that the lake is a navigable body of water that has been used for commerce. If that’s true, the state has jurisdiction over the lake, he said.
“The whole issue is that we were trying to get into a courtroom to have some unbiased person determine that what the tribe did was legal or that it was not legal,” Landreth said. “Obviously, (the Quinault Nation) has been very successful in blocking that. They claim immunity. We can’t sue the state or the feds, how do we get recourse … and how do you know … they are not going to close (the lake) down again?”
If Landreth’s side wants to pursue the case further, the next step would be the state Supreme Court, but, Landreth said, “We’re limited by money. We’ve dumped a ton of money into this. The tribe and the state have unlimited money and know how to block this and block that. We hoped someone would see the light of day.”
