The trial over a county boat launch on Church Slough was supposed to be a five-day affair ending Friday, but it will extend into Monday as Flathead County continues its defense of the launch.

The county didn’t start calling its witnesses until 2:30 p.m. Thursday when Warren Illi took the stand to testify about Flathead Wildlife Inc.’s involvement in the matter.

Illi, a longtime member and past president of the sportsman’s club, said one of the primary interests of Flathead Wildlife is to maintain and enhance access to public land and water.

When developer Dennis Carver petitioned the county to abandon Wagner Lane in 2006, the club was concerned about losing the only public access to Church Slough, he said.

Flathead Wildlife wanted a replacement access for the public in exchange for the county abandoning Wagner Lane, a move that happened on Feb. 16, 2007, allowing Carver to remove the road and create more valuable waterfront lots.

Illi said the club would not be satisfied unless Carver provided for “substantially the same” access. At the time, Flathead Wildlife was threatening to sue the county unless suitable access to the slough was provided.

That prompted negotiating correspondence between Carver and the club, prior to Carver completing the subdivision process for River Vista Estates.

Marcel Quinn, an attorney representing the county, questioned Illi about dimensions of the lot that Carver planned to donate for the access.

Initially, Carver was offering 100 feet of frontage on the slough, with 150 feet of depth from the slough.

Illi testified it was clearly explained by Flathead Wildlife that those dimensions wouldn’t be adequate, and 150 feet of frontage with 300 feet of depth would be necessary for a launch that could accommodate vehicles, trailers and watercraft.

Carver ultimately conceded to those dimensions.

“We had what we thought was a solid verbal agreement,” Illi said, adding that Carver never got back to the club objecting to the terms.

In his lawsuit, Carver contends he never agreed to having a “full-scale” concrete boat launch, and that the one installed has harmed him financially. He is seeking damages in the case.

Illi testified that Carver was indeed reluctant about having a concrete boat launch, but the club persisted, and there was agreement that it would be ultimately up to the county parks department to decide how to develop the launch on property with an unrestricted deed, after going through a public review process.

Through questioning of witnesses, Quinn repeatedly attempted to drive home the point that the slough has always been accessible to boats of all types from the Flathead River, and that residents who live on the slough keep boats at docks themselves.

Throughout the trial, Quinn also concentrated on demonstrating the launch that was installed provided “substantially the same” access as required by state law, while Carver’s attorneys attempted to show the launch exceeds “substantially the same” access that existed before Wagner Lane was abandoned.

The defense called Jim Vashro, the Montana Fish, Wildlife and Parks regional fisheries manager, to speak to this.

Vashro said his department got involved with the Church Slough matter because there is an interest in maintaining access.

He said that over the last 30 years he has visited the slough once or twice a year for personal recreation, launching two different types of 14-foot boats with motors from the primitive launch that existed off Wagner Lane. He said he occasionally visited the slough for work-related purposes and has seen 17- to 19-foot bass boats use the old access.

Vashro further testified he has seen up to four vehicles with trailers parked near the access.

Carver’s attorneys attempted to make the case that only small watercraft, canoes and aluminum boats could use the old access, and they’ve tried to show that the new launch is bigger.

Vashro testified the old launch was 11 feet wide, and the new launch is 11 feet wide at the top and 12 feet wide at the bottom.

“They are comparable,” he said of the previous and existing launches.

Witness testimony continued Friday afternoon, and it was expected that closing arguments and jury deliberations would get under way Monday.

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