COEUR d'ALENE - The Idaho Transportation Department and the owner of Sandpoint marina agreed Monday to a modified temporary restraining order concerning docks in Sand Creek which allegedly encroached onto right of way for the U.S. Highway 95 bypass.

The modified order maintains the status quo, which means the Idaho Transportation Department re-routing project can proceed and Ralph Sletager can continue to press for compensation for the docks' removal and raise other claims.

The order was the upshot of a two-hour hearing before Judge Charles Hosack, who was assigned the case late last week. As a result, much of the hearing involved Hosack familiarizing himself with the case and the legal territories staked out by each side.

The respective merits of each side's case, however, took a back seat to the discussion surrounding the immediacy of the temporary restraining order, which ITD obtained earlier this month in order to remove a number of docks so construction in that area of the creek could commence.

The state is also asking for a preliminary injunction to further solidify its position.

The state maintains some of Sletager's docks are an illegal encroachment on state right of way and their presence was threatening to stall construction of the bypass.

"The department's entitled to move encroachments to the right of way," said Murray Feldman, who represented ITD at Monday's hearing in Kootenai County.

Sletager's counsel, John Finney, told the court the restraining order was improperly issued and based on inaccurate facts, which deprived his client the right to due process.

Finney, however, said Sletager does not seek to have the docks put back. Finney told Hosack he will push for condemnation proceedings, among other things.

"My client intends to make a counterclaim for abuse of power," said Finney, who alleges fraud and that his client's civil rights have been violated.

Hosack ultimately declined to take up the preliminary injunction, which gave way to discussion about modifying the terms of the order to maintain the status quo while the matter is litigated.

The modified order prohibits Sletager placing anything in the disputed area or interfering with ITD's work in the creek. By signing on to the agreement, Sletager does not admit the encroachment allegations raised by the state.