Kaseburg v. State, Board of Land Commissioners

Summary

The Idaho Supreme Court reviewed the Idaho Department of Lands’ denial of two encroachment permit applications involving pilings, a dock system, and a mooring buoy on Lake Pend Oreille. The Court held that pilings are not per se navigational encroachments and reversed the district court as to Application 219-B. It affirmed the setting aside of the denial of Application 219-C because the Department had not properly established the applicable line of navigability, and it denied attorney’s fees.

Holdings

1. Pilings are not per se navigational encroachments. The statutory reference to pilings is illustrative, and whether a particular piling is a navigational encroachment depends on its actual purpose and the statutory distinction between navigational and nonnavigational encroachments.
2. The district court erred in setting aside the Department's denial of Application 219-B. The Department properly classified the proposed replacement pilings as a nonnavigational encroachment and had substantial evidence that the replacement would provide no public benefit and perpetuate a navigation hazard.
3. The district court properly set aside the denial of Application 219-C because the Department improperly assumed that the line of navigability was fifty-five feet waterward of the artificial high water mark without a statutory-compliant, factually supported determination.
4. Kaseburg was not entitled to attorney's fees because he was not a prevailing party on either application. Remand for further administrative consideration did not establish relief on the merits.

Questions Presented

1. Whether the district court properly set aside the Department of Lands' denial of Application 219-B.
2. Whether the district court properly set aside the Department of Lands' denial of Application 219-C.
3. Whether Kaseburg was entitled to attorney's fees.

Disposition

reversed_and_remanded