City of Coeur D'Alene v. Mackin

Summary

The Idaho Supreme Court reviewed a judgment concerning the ordinary high water mark of Lake Coeur d’Alene at Sanders Beach and the public’s access to dry land below that mark. The court held that the ordinary high water mark is a uniform line around the lake, rejected the district court’s reliance on vegetation alone and its disregard of historical water-level evidence, and vacated the determination that the mark was 2,130 feet above sea level. The court also concluded that the preliminary-injunction issue was moot and addressed whether littoral rights include the ability to exclude the public from exposed state-owned lakebed.

Holdings

1. The ordinary high water mark of Lake Coeur d'Alene could not properly be determined as a different elevation at different locations around the lake, and the district court erred in setting the Sanders Beach mark at 2130 feet. The ordinary high water mark applicable to the lake was no higher than 2128 feet.
2. Littoral rights of owners whose property abuts navigable waters do not include the right to exclude the public from exposed lakebed lying below the ordinary high water mark.
3. The challenge to the preliminary injunction was moot because the district court had vacated the injunction. The court nevertheless noted that the injunction was procedurally deficient because the district court failed to state findings of fact and conclusions of law as required by Rule 52(a), and an easily identified line could not justify taking private property without compensation.
4. The Crimps and Sanders Beach Preservation Association were not entitled to attorney fees from the State, the State Board of Land Commissioners, or the commissioners individually, either below or on appeal.

Questions Presented

1. Whether the district court erred by determining that the ordinary high water mark of Lake Coeur d'Alene at Sanders Beach was 2130 feet above mean sea level.
2. Whether the district court erred in granting the City's preliminary injunction permitting public access to the beach up to the toes of the seawalls.
3. Whether littoral rights include the right to exclude the public from dry land below the ordinary high water mark.
4. Whether the Crimps or the Sanders Beach Preservation Association were entitled to attorney fees against the State, the State Board of Land Commissioners, or the commissioners individually.

Disposition

vacated