Lakefront property owners with state highways between them and the shore scored a precedent-setting win on Wednesday when the Idaho Supreme Court upheld a district court ruling vacating the state's denial of dock permit applications by two property owners on Coeur d'Alene Lake Drive.

"For years, the Idaho Department of Lands and Idaho Transportation Department have denied dock permits as they have stated that their right of way usurped the littoral rights of the property. No more," said Century 21's Tom Torgerson, who attended the hearing.

Rick and Jan Carr of Lake Coeur d'Alene Investments LLC and Chris Keenan, neighbors along Coeur d'Alene Lake Drive, in 2006 submitted applications to build single-family docks that would be contiguous with the shoreline of their properties. Both applications were denied by ITD.

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But the district court said that neither a 1940 deed granting the state an easement down to the ordinary high water mark nor the state's action in placing fill in the lake affected the landowners' littoral riparian rights and therefore vacated the state's decisions to deny the dock permits.

Rick Carr, a Century 21 agent who was represented by Coeur d'Alene attorney John Magnuson, said the Supreme Court's decision is not only a victory for he and his neighbor, but for other lakefront owners in Idaho and across the country.

"On a broader basis, this is a big step toward solidifying private property rights," he said. "It's a case that will be cited in years to come for states that have lakes."

Just on Coeur d'Alene Lake Drive, Carr said there are eight to 10 dock applications that have been denied and were pending the outcome of the Supreme Court decision.

"It finally clears up a question that's been in the back of people's minds for so long," he said.

No one from the Department of Lands or ITD could be reached for comment late Wednesday afternoon.

Carr said he spent more than $30,000 during the four-year legal fight. The Supreme Court ruled that both sides will pay their own attorney fees after the district court ordered the state to reimburse Carr for his costs.

"We believed we were right from the beginning," Carr said. "If I would've given up, everyone would have lost. Our property has sat idle for four years pending this decision, but we still have the parcel and plan to build on it."

Magnuson said the decision reconfirms the way issuance of dock permits used to be and should be.

"If you drive a mile down the road to Tony's (restaurant), there's 30 docks along the way," he said. "For some reason, Mr. Carr was singled out by a policy agenda of an unknown origin. It's unfortunate that it took Rick four years through a mixing bowl, but it's a good day for advocates of property rights."