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Two teenage scouts join Camp Easton lawsuit

Alecia Warren | Hagadone News Network | UPDATED 12 years, 11 months AGO
by Alecia Warren
| December 3, 2011 8:00 PM

COEUR d'ALENE - Two Coeur d'Alene scouts and a charitable foundation have joined a class action lawsuit to halt a land swap for a historic Boy Scout camp.

Shikar Safari Club International Foundation and its director, Earl Lunceford, as well as teenagers Daniel and Matthew Edwards, are alleging that donors to Camp Easton were defrauded, and that scouts will not benefit from a trust for a perpetual camp if the deal goes through.

"When the owners donated that land, they intended that land be used as a Boy Scout camp," said Daniel Edwards Sr., father of the two young plaintiffs. "That's what it should remain and be used for."

The new plaintiffs are joining the suit originally filed by nonprofit Camp Easton Forever, Inc., against Inland Northwest Council Boy Scouts of America and Inland Northwest Council Endowment Properties.

Tim McCandless with Inland Northwest Council could not be reached for comment on Friday.

Camp Easton Forever filed its suit in September to halt the proposed deal between INC and developer Discovery Land Company.

The Arizona-based company has offered to acquire the 420 acres of Camp Easton property at Gotham Bay, in exchange for purchasing property at Sunup Bay and building a new camp there for the scouts.

An amended suit with all the plaintiffs was filed in District Court on Nov. 29.

In the suit, 15-year-old Matthew and his 18-year-old brother, Daniel, both dues-paying scouts who have attended Camp Easton, represent all beneficiaries of a trust establishing that the Camp Easton property be used only as a boys' camp, said attorney Scott Reed.

"(They represent) boys who have already participated, and then likewise leaders who would have participated," Reed said.

A charitable trust was formed in 1929, according to the suit, when F.W. and Lumira Fitze donated 132 acres on Gotham Bay to the Idaho Panhandle Council. That followed a meeting where F.W. specified the land be used perpetually as a boys' camp, the suit says.

The trust would be violated, the lawsuit states, if the camp is sold to an organization not affiliated with the Boy Scouts, or that wouldn't use the property as a boys' camp.

"A charitable trust, once it's created, it cannot be varied from its original creation," Reed said.

The Edwards brothers are bringing action to the suit to have the trust enforced.

The senior Edwards, a former Boy Scout himself, said his sons were eager to join the suit after hearing about the possible swap of the Gotham Bay property.

"They said, 'Why would they want to do that? It's the best property on the lake,'" he said.

Lunceford and his foundation joined the suit over claims that the organization's donations for Camp Easton were solicited and accepted while the camp's sale was being discussed.

The suit alleges that in 2005, unbeknownst to the plaintiffs, representatives of Discovery Coeur d'Alene Investors, LLC approached representatives of INC about purchasing Camp Easton to build luxury private homes.

Then in 2009 and 2010, representatives of the scouting council contacted Lunceford about getting a grant from his foundation to improve Camp Easton's shotgun, rifle and archery ranges.

After Lunceford's recommendation, the suit reads, the foundation paid the council $25,000 in June 2010 and another $20,000 in March 2011.

Lunceford was never informed by the council of discussions with Discovery to sell Camp Easton, the suit states, nor did he question if the dollars "would be used for purposes other than Camp Easton and the Boy Scouts."

By the end of March 2011, INC's plans with Discovery were "well advanced," the document reads.

The foundation has been "defrauded and deceived by defendants with a consequent loss of $45,000," the suit states.

The plaintiffs are requesting several entries of judgment, including an entry declaring that the Camp Easton property is held in a charitable trust and that the sale or exchange of the land would violate its terms.

They are also requesting an entry to stop negotiations between INC and Discovery, and an entry prohibiting the defendants from selling or exchanging the property or using it for any purpose besides a boys' camp.

Another suit related to the land swap is still pending. Discovery has been sued for breach of purchase agreement on the Sun Up Bay parcel by property owner Mountain West Bank.

Reed said he believes the added plaintiffs will only bolster Camp Easton Forever's suit.

"We are intending to represent all those who were involved in (the camp) and would be affected," Reed said.

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