Camp Easton group proceeds with appeal notice
Alecia Warren | Hagadone News Network | UPDATED 12 years, 2 months AGO
A group fighting to preserve a historic Boy Scout camp hasn't paused in pursuing the next available legal step.
Camp Easton Forever, Inc. has filed a notice of appeal to the Idaho Supreme Court over a district judge's dismissal of its lawsuit to prevent the trade or sale of Camp Easton.
"We believe that the District Court erred in dismissing our lawsuit," stated nonprofit chair Earl Lunceford. "The Camp Easton Forever board of directors is committed to keep the camp from sale, to preserve it for Boy Scouts in Idaho as long as possible."
The legal notice was filed by plaintiffs Camp Easton Forever, Inc., and Daniel and Matthew Edwards, scouts who had joined the legal battle early on.
The Shikar-Safari Club International Foundation and Lunceford as an individual - both listed as plaintiffs in the dismissed lawsuit - are not appealing.
Judge John Luster had ruled this summer that there is no charitable trust requiring the camp at Gotham Bay on Lake Coeur d'Alene remain a camp forever.
That allows the Inland Northwest Council of Boy Scouts to pursue a land exchange with developer Discovery Land Company.
The developer has proposed to acquire the camp property, in return for building an all new camp by the lake at Sunup Bay, and providing a $2.5 million endowment.
According to Camp Easton Forever's notice of appeal, filed on Tuesday, the nonprofit asks the state's highest court to deem if the trial court failed to consider or apply trust law.
It also requests the Supreme Court weigh if the lower court erred in "refusing to consider parole/extrinsic evidence" proving a charitable trust protects the camp.
According to Lunceford, "there are many cases in other states recognizing charitable trusts, but none so far before the Idaho Supreme Court."