Gosta & Carol Dagg and Larry & Kathryn Enselman v. San Juan County
Reason:
Appeal of denial of permit to build a two-user pier, ramp and float.
Closing Comments:
The Daggs and Enselmans appealed a decision from San Juan County denying them a SDP for a joint use dock on the basis that their lots were already included in a joint use dock arrangement with another neighbor. The Petitioners argued that it wasn't feasible to use their other neighbors dock because of the onerous conditions imposed by the neighbor and the difficulty of accessing the dock. The Board held, on summary judgment, that the Daggs and Enselmans had a legal right to use their neighbors dock and that they must enforce that right instead of building a new dock, and therefore the County was correct in denying their SDP.