State Ex Rel. Haman v. Fox

594 P.2d 1093 (1979)

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Nature of the Case

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Facts

Ds own adjoining residential properties in the City of Coeur d'Alene. The properties consist of two residential lots in the Lake Shore Addition Plat together with two water front parcels abutting the waters of Lake Coeur d'Alene. The waterfront property is separated from the platted lots by Lake Shore Drive, a dedicated public street. The waterfront parts of the lots south of the road are for the most part sandy beach. These beach lots and others together comprise what is commonly known as Sander's Beach. The beach has no public access other than from the lake itself. But the public does have access to the lake via a deeded right-of-way to the west of Ds' property and via a ten-foot-wide pathway to the east of Ds' property. Their lots have a combined lake frontage of 250 feet and a depth of from 60 to 75 feet. The property is subject to the seasonal fluctuations of high water in the spring and low water in the late summer and fall. The property is also subject to the washings and erosive forces of the lake. Since the 1920s, Ds and their predecessors have maintained seawalls to protect from the erosive forces of the lake. Since the 1920's, Ds and their predecessors have maintained seawalls to protect from the erosive forces of the lake. In 1971 Ds constructed a new concrete seawall. The new wall does not interfere with swimming or boating on the lake, nor does it extend to the ordinary high water mark of the lake. The wall has eliminated the public use of the enclosed area for sunbathing, picnicking, and other related activities. P sought to remove the seawall and to permanently enjoin Ds from further interfering with the alleged right of the public to use the enclosed areas. It was alleged that by virtue of the public use Ds had impliedly dedicated the property to the general public or in the alternative that the public had acquired an easement thereon by prescription or by custom. The court ruled against P. P appealed.