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Court: Sale of camp is allowed

DAVID COLE/[email protected] | Hagadone News Network | UPDATED 11 years, 3 months AGO
by DAVID COLE/[email protected]
| August 19, 2014 9:00 PM

The Idaho Supreme Court affirmed a Kootenai County District Court judge's ruling on Camp Easton, making it possible for the camp to be sold or traded.

There are no plans to do that, though it has been considered recently.

For three years, a nonprofit called Camp Easton Forever has been in court challenging the authority of the Boy Scouts of America-Inland Northwest Council to sell or trade the camp on Lake Coeur d'Alene's Gotham Bay.

"It's sad news," said Thomas Little, treasurer of Camp Easton Forever. He also lives next to the camp.

The Boy Scout leadership for the Inland Northwest Council "can decide on whatever" now, Little said.

"We are pleased that the Idaho Supreme Court reaffirmed the District Court's decision in favor of the Inland Northwest Council," said Tim McCandless, Boy Scouts Council executive.

He said, as of Monday, there are no plans to sell or relocate the camp.

"Our council bases every decision on what is in the best interest for the youth we serve and we are focused on providing the best possible scouting experience for our youth members," McCandless said.

This summer, he said, the camp had the second-greatest attendance on record, with more than 1,500 campers.

Also this summer, he said, plans were finalized to build a tunnel under Highway 97 to provide a permanent and safe crossing for campers.

"We just submitted the applications to obtain the necessary permits to build a tunnel," McCandless said. "Now, we need those who support Camp Easton to contribute the necessary funds - estimated at $250,000 - to build the tunnel."

First District Court Judge John Luster ruled against Camp Easton Forever in the spring of 2012, determining that historical records concerning the property didn't require it remain a scout camp forever. Luster also ruled that Camp Easton Forever, and two boy scouts who were part of the lawsuit, lacked standing to file a lawsuit.

The plaintiffs argued that the 1929 deal in which F. W. Fitze gave 132 acres to the Idaho Panhandle Council of Boy Scouts required that it remain a camp for scouts. The camp now totals 420 acres through additional land acquisitions.

"Fitze's deed unambiguously gave the property in fee simple to the Boy Scouts without specifying that the property must be used as a camp," Chief Justice Roger S. Burdick wrote for the Supreme Court. The opinion was released Monday.

"The deed never states that the land could not be sold," Burdick wrote.

He wrote that the deed doesn't state any limit on the Boy Scouts' use.

In part, the deed states: "This property is donated and given to the (Idaho Panhandle Council) by F.W. Fitze and Lumira Fitze, his wife, for use of the Boy Scouts of America."

In May 2011, Discovery Land Co. contacted the Inland Northwest Council about purchasing Camp Easton. Discovery proposed acquiring another large lakefront parcel at Sunup Bay on Lake Coeur d'Alene and constructing a Boy Scout camp on it, and then trading the new camp for Camp Easton. Discovery, which developed Gozzer Ranch, also proposed funding an endowment for the new camp.

Those discussions ended in September 2012.

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