Saturday, November 16, 2024
28.0°F

Developer may have ended purchase of land for swap

Alecia Warren | Hagadone News Network | UPDATED 12 years, 10 months AGO
by Alecia Warren
| January 5, 2012 8:15 PM

COEUR d'ALENE - It appears an Arizona developer has ended its purchase of property that would be exchanged in a land swap with the Boy Scouts of America.

Still, the Inland Northwest Council of Boy Scouts is conducting a broad survey on the proposed exchange with Discovery Land Company.

The nonprofit has also provided fliers and a video detailing the potential use of the unpurchased Sunup Bay property that Discovery, developer of Gozzer Ranch Golf and Lake Club, has offered to provide.

"All I can say is that Discovery as late as last week has affirmed the proposal is still valid with the Boy Scouts," said Tim McCandless, scout executive with the INC.

According to documents filed in 1st District Court, Judge John Mitchell last month dismissed the lawsuit that Mountain West Bank filed against Discovery Coeur d'Alene Investors, LLC (DCDA) and North Idaho Title Insurance, Inc. for failing to fulfill a $4.5 million purchase and sale agreement for property at Sunup Bay.

Discovery Coeur d'Alene Investors is tied to Discovery Land Company. The developer has offered to build a new scout camp at the Sunup Bay site and hand it over to the Boy Scouts, in exchange for the scouts' historic Camp Easton property at Gotham Bay.

The lawsuit dismissal, requested by both the plaintiffs and MWB, indicates the end of Discovery's purchase agreement, pointed out Jeff Crandall.

"My conclusion from that is that Discovery Land has no agreement in place to purchase that property," said Crandall, attorney for nonprofit Camp Easton Forever, Inc., which has filed a lawsuit to halt the land swap. "It suggests they're not interested in purchasing that property any longer."

But McCandless said the scouts still have confidence in the land swap offer.

"We reaffirmed with (Discovery) that the proposal was still valid before the final launch of the survey," he said. "Anything between them and the bank is between them and the bank."

The president of North Idaho Title and the attorney for Discovery Coeur d'Alene Investors could not be reached. MWB attorney Wayne Sweney declined to comment.

No one picked up at the office of Gozzer Ranch Properties, LLC.

MWB, which owns the Ridge at Sunup Bay, had sued after DCDA reneged on the purchase and sale agreement last summer. The bank demanded $150,000 in damages for breach of contract.

According to a stipulation document resolving all claims, NIT agreed to disburse the $150,000 it holds in earnest money for the sale agreement, upon order of the court or mutual instructions of MWB and Discovery Coeur d'Alene Investors.

Crandall said this ends Discovery Land Company's hold on the property.

"As far as I could tell, anybody could acquire that property," he said.

The INC still sent out a survey to more than 5,000 scouts and leaders on Dec. 27 and 28 seeking input on the proposed land swap.

A flier outlining the proposal was distributed to more than 10,000 scouters and scout families.

According to the flier, "if approved, Discovery Land would purchase the land at Sunup Bay."

The flier offers a conceptual plan of the potential Sunup camp, including a year-round dining lodge, winterized housing, an educational center, a zip line tower, water slide and the existing 24-slip marina. The site would also allow for a premier aquatics program, the flier states.

The survey will run through Jan. 12, McCandless said.

The INC board will review all comments and suggestions, he said, and hopefully make a decision soon after on whether to agree to the land swap.

That Discovery doesn't own the Sunup property now won't impact the decision, McCandless said.

"If someone else buys it, that would change things," McCandless said.

Some have voiced concerns over losing the heritage and sandy beach of Camp Easton, as well as improvements from hefty donations.

The Boy Scouts also offer a video about the proposal and the two sites at: http://www.gibbymedia.com/BSA/Proposal_to_Build_a_New_Camp_Easton/Proposal_to_Build_a_New_Camp_Easton.html.

More information is also available at www.nwscouts.org/proposal.

"It's exciting we even have the chance to make this kind of decision," McCandless said. "What's really important is the board wants the input of our scouting constituents, our parents and kids and donors."

ARTICLES BY