The court battle over a boat launch on Church Slough continued Wednesday with developer Dennis Carver’s attorney attempting to establish that the launch exceeded a condition that he provide “substantially the same” access that existed before the county abandoned Wagner Lane.

The 2007 abandonment of Wagner Lane, which skirted Church Slough, allowed Carver to proceed with his River Vista Estates subdivision with waterfront lots serviced by a new Wagner Lane that he built.

The county built a concrete boat ramp with parking and a turnaround area in 2010. Carver then sued the county, saying it exceeded the primitive access the public previously had to the slough from Wagner Lane.

Melanie Nelson, who was raised on the slough and lived in a home directly next to the new launch, described how the ramp changed the area significantly. When Wagner Lane provided access, there was a crude launch on a steep bank, capable of handling only canoes and other small watercraft, she said.

She said only three vehicles could park near the launch and that’s the most she ever saw there. In her judgment, it would be “impossible” for a 19-foot ski boat to use the launch, Nelson said.

After Wagner Lane was abandoned, the county provided a park-like access to the slough that was consistent with the previous access that was not troublesome. But that changed after the boat launch and parking area were built.

“After the ramp, it just got busier and busier,” she said, to a point where 10 or more cars were using the area on summer weekends.

It significantly diminished the privacy at her nearby home, she said. “I felt like we were being almost being harassed” by boat-launch users.

Partly because of the new ramp, she moved to her father’s nearby house.

The attorneys in the trial repeatedly referred to correspondence between Carver and the county and other parties, particularly concentrating on a Jan. 26, 2007, letter from Carver stating that he didn’t want a boat launch, and recordings of the Feb. 16 meeting when county commissioners voted to abandon Wagner Lane.

Former County Commissioner Gary Hall was questioned Wednesday about his motion to abandon the road, which specifically stated that there would be no conditions attached to the land donated for access.

Carver attorney Angie LeDuc quizzed Hall on the intent behind his motion — whether he was accepting the terms of the Jan. 26 letter from Carver.

Hall said he was considering a variety of information that the commissioners were provided, including Carver’s letter.

The county’s attorneys are attempting to demonstrate that the motion, as well as the deed for the donated land and the final plat approval, all were free and clear of any restrictions or prohibitions on how the county could develop the access.

Carver is seeking to have the ramp removed to provide the original type of public access he desired, and he is seeking restitution from the county for costs he has incurred.

He maintains that the boat launch has devalued his lots, but the county contends that the value of Carver’s property increased substantially when Wagner Lane was abandoned, allowing him to create waterfront lots.

The jury trial in the courtroom of District Judge Katherine “Kitty” Curtis is scheduled to continue through Friday.

Reporter Jim Mann may be reached at 758-4407 or by email at jmann@dailyinterlake.com.