Page 5Thursday, April 28, 2011 • The Whidbey Examiner

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Island County photoA retaining wall was constructed by the Emersons without permission from the county, even though they had been advised that no new structures could be built within a wetlands buffer without further county review.

This photo taken by Island County Building Inspec-tor Ron Slechta in September 2010 shows the unper-mitted construc-tion of a sunroom at the rear of the Emerson home on Camano Island.Island County photo

Kelly Emerson

By Gordon WeeksExaminer Staff Writer

When Kelly Emerson decided to run for public office last year, she tacitly signed away any ex-pectation of privacy with regard to her adherence to laws – including public disclosure of illegal con-struction on her Camano Island property.

That’s part of the argument made in a motion to dismiss the lawsuit Emerson and her husband Kenneth filed last fall against sev-eral Island County staffers and the county commissioner she later un-seated.

On his motion to dismiss the suit, attorney Mark R. Johnsen states that a campaign mailer by then-Commissioner John Dean spotlighting the unpermitted con-struction did not violate the Em-ersons’ due process or privacy rights.

“No court had held that a can-didate for office has a constitution-ally protected property interest in nondisclosure of unflattering in-formation,’’ he states, pointing out that the stop-work order placed on the Emerson property by the coun-ty is a matter of public record.

In a motion filed in Island County Superior Court April 15, Johnsen – who is representing Is-land County through the Washing-ton Counties Risk Pool – states there is no basis for any of the Em-ersons’ claims of trespassing, def-amation and other charges against Island County and its employees, and requests that all the claims be dismissed.

A trial is scheduled to begin May 18, but it would be canceled if the suit is dismissed.

Everett attorney Stephen Pid-geon, who represents the Emer-sons, did not respond to telephone and e-mail messages left by an Ex-aminer reporter.

The day before the November 2010 election, the Emersons filed the lawsuit against her then-politi-cal opponent Dean; Island County Planning Director Bob Pederson; and building inspector Ron Slech-ta. They later added Island County as a defendant.

The lawsuit claims defamation, civil rights violations, and viola-tions of the state’s Consumer Pro-tection Act. The Emersons ask for injunctive relief against the county.

Lawsuit backgroundThe lawsuit centers on the Em-

ersons’ property on Arrowhead Road on Camano Island. In June 2008, the couple applied for a per-mit to construct a garage. During a review of the site, the Island Coun-ty Department of Planning and Community Development identi-fied wetlands on the property. The proposed garage was not within the wetland buffer, but the Em-

Emerson lawsuit: No privacy for politicians

ersons were advised on their per-mit that no new structures could be built within the wetlands buffer without further county review.

But between 2008 and 2010, the Emersons added a greenhouse, a deck and patio, and a retaining wall without applying for permits or no-

tifying the county. In August 2010, the couple began construction of a sunroom addition to their home without applying for a permit.

A neighbor observed the con-struction, and sent a notice to sev-eral people, including an e-mail complaint to Dean. Dean forward-

ed the e-mail to the county planning de-partment.

P e d e r -son, the plan-ning director, sent Slech-ta, a build-ing inspector, to inspect the property. In a deposition,

Slechta said that when no one re-sponded to knocks on the door, he walked around the sideyard, observed the new framing for the addition to the home, took photo-graphs and left a stop-work order.

The county states it advised Kenneth Emerson he would need to submit engineering drawings on the proposed addition, and ad-vised him to have a wetlands spe-cialist delineate the wetland on the property to help the county evalu-ate the impact of the additions. But the county states that Emerson ig-nored those instructions, and on Nov. 12, 2010, the county sent a final enforcement order. The Em-ersons did not appeal, and instead filed the lawsuit for damages.

At the time, Dean was running for re-election as Island County commissioner, and Kelly Emerson was his opponent.

In the lawsuit, the Emersons charge that Dean defamed them in a campaign mailer with a picture of a couple holding a mockup of a newspaper with the made-up head-line “Emerson ignores county law.”

Claims for dismissalIn his motion asking for dis-

missal of the lawsuit, Johnsen con-tends that a limited inspection by the county building inspector was not a violation of due process or privacy.

“Plaintiffs contend that Dean, Pederson and Slechta conspired to apply building codes in an unlawful manner. They contend that the code enforcement was designed to ham-per Kelly Emerson’s campaign. The allegations are groundless.

See LAWSUIT, page 10

Unpermittedconstruction

Page 10 The Whidbey Examiner • Thursday, April 28, 2011

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“It is undisputed that Emerson was constructing a home addition without permits and that the Coun-ty received a complaint which it properly investigated. It cannot be ‘shocking to the conscience’ for a local government to follow up and post a Stop Work Order on an un-permitted construction site. Fur-ther, far from entering into a con-spiracy, Mr. Slechta testified that when he inspected the home and

of the state’s public employees.“This is a budget buster,” Hau-

gen said. “There’s no money in the budget for MEC.”

“If the House insists on its po-sition, there will be cuts in the fer-ry budget,” she said. “They need to decide whether they want to pay for ferries to take Washingto-nians to and from work or whether they want to continue unnecessary waste in the ferry system.”

Haugen said there’s no money in the transportation budget for MEC to function, so the organiza-tion will have to find money in the General Fund.

The organization “is not nec-essary, because PERC can handle that work,” she said.

The transportation budget that might have the biggest impact on Island County residents is the con-tinued funding of Island Transit’s connector system that links Whid-bey and Camano Island riders to Skagit County, Haugen said.

Funds also are designated to realign the Island Transit stop on Hwy. 20 at Parker Road.

In the transportation budget, Is-land County also will benefit from $1 million in safety improvements on the first phase of roadwork on Hwy. 20 between Race Road and Jacob Road in Central Whidbey.

Haugen said the budget effort had been an enormous challenge, but that senators had worked to-gether to reach a number of com-promises.

“This is the first time the House and the Senate, Republicans and Democrats, produced a bipartisan budget,” Haugen said.

She said development of the

Budget: From page 1

House budget hasn’t gone as well.“The House is a very partisan,”

Haugen said. “In the Senate, we don’t work that way. We work for the public.”

Bailey praised the efforts of her fellow representatives on the House ferry caucus, who all repre-sent counties served by Washing-ton State Ferries.

“This bipartisan group has been

very influential in bringing solu-tions to the table in a bipartisan way,” she said.

Bailey said the state needs to look at long-range transportation planning, including addressing the 75-year-old Deception Pass bridge. However, Bailey said, “for now, in this economy, I believe this is a reasonable transportation budget.”

Sue Ellen White / For the ExaminerAs a U.S. Coast Guard cutter keeps watch in the background, a sailboat cruises past the new ferry Salish as its captain and crew practice maneuvers in Sara-toga Passage between Whidbey Island and Everett Tuesday. The new ferry is expected to begin service this summer on the Coupeville-Port Townsend route.

posted the Stop Work Order, he did not even know that the home belonged to Kelly Emerson.

“Here there was no reasonable expectation of privacy with regard to the Emersons’ unpermitted sun-room construction. The construc-tion of the sunroom was in plain view and the sound of Emerson’s Skil saw and other power tools was evident to neighbors.

“Mr. Emerson testified he made no effort to conceal the unpermit-ted construction from neighbors or from the County. A plaintiff al-leging that his privacy was violat-ed must show that he attempted to keep the object of a search private.”

The attorney writes that the

Emersons were not deprived of procedural due process.

“In this case, Emerson was af-forded notice in the form of the Stop Work Order, and had an op-portunity to respond to the Stop Work Order and, if desired, to contest it.

“He could have appealed the issuance of the Final Enforcement Order. Emerson chose not to con-test the order through an adminis-trative appeal and elected not to file a LUPA (Washington Land Use Petition Act) petition. Instead, plaintiffs simply filed the instant-damages lawsuit.”

Johnsen states that Emerson was not defamed by the Dean campaign flier because “the basic thrust of the flier was true.”

Because Emerson made herself a public figure in the political are-na, Johnsen writes, she must prove there was “actual malice” intend-ed in the flier to prove defamation.

“When Ms. Emerson chose to run for County Commissioner, she exposed herself to greater scrutiny (including unflattering campaign ads) than would be expected with a wholly private person.”

Lawsuit: Motion to dismiss: from p. 5

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Page 3Thursday, May 26, 2011 • The Whidbey Examiner

Kasia Pierzga, Publisher & EditorMarketing Representative: Naomi Sullivan

News Staff: Gordon Weeks & Rebecca OlsonPublished since 1995, The Whidbey Examiner is

Whidbey Island’s only locally owned, independent newspaper. The Examiner is a legal newspaper for Island County.

ADVERTISING: Media kit available at whidbeyexaminer.com.DEADLINES: Advertising: Display: Noon Thursday; Classifieds: 5 p.m. Monday;

Legal Notices: Noon Tuesday; News, Events & Letters: 5 p.m. Monday.The Whidbey Examiner (USPS 015276) is published weekly by Cascadia Publishing Co., LLC. Annual subscriptions are $19.50 in Island County;

$23 outside Island County. Periodicals postage paid at Coupeville, WA 98239. CONTACT US

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The Whidbey Examiner, P.O. Box 445, 6 NW Coveland St., Coupeville, WA 98239 ph. 360-678-8060 • fax: 360-678-6073 • www.whidbeyexaminer.com

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By Gordon WeeksExaminer Staff Writer

A decision is expected soon on a lawsuit that pits an Island Coun-ty commissioner against county employees, a former commission-er and the county itself.

Island County Superior Court Judge Alan Hancock on May 18 heard arguments for the defen-dant’s motion for summary judg-ment in a lawsuit filed by Island County Commissioner Kelly Em-erson and her husband Kenneth, who charge Island County offi-cials and employees with trespass-ing, defamation, civil rights viola-tions and other charges involving illegal construction on their Ca-mano Island property.

Following arguments by Wash-ington Counties Risk Pool attor-ney Mark Johnson, representing Island County and its employees, and Stephen Pidgeon, represent-ing the Emersons, Hancock took the case under advisement and said he will release a decision within a few weeks.

During the hearing, a flustered and verbally meandering Pid-geon gradually abandoned all the claims in the Emerson case but one: that Island County had ille-gally trespassed on the Emersons’ Camano Island property without getting a warrant.

Lawsuit claimsThe day before the November

2010 election, the Emersons filed the lawsuit against her then-polit-ical opponent John Dean; Island County Planning Director Bob Pederson; and building inspector Ron Slechta. They later added Is-land County as defendant.

In June 2008, the couple ap-plied for a permit to construct a garage on their Camano Island property. During a review of the site, the Island County Planning Department identified wetlands on the property. The Emersons were advised on their permit that no new structures could be built within the wetlands buffer with-out further county review.

But between 2008 and 2010, the Emersons added a greenhouse, a deck and patio and a retaining wall without applying for permits or notifying the county. In August 2010, the couple began construc-tion of a sunroom addition to their home, again without applying for a permit. A neighbor sent notice to the county.

In a deposition, Slechta said that when no one came to the door, he walked around to the side yard, observed the new framing for the addition to the home, took photo-graphs and left a stop-work order.

The county states it advised Kenneth Emerson he would need to submit engineering drawings on the proposed addition, and ad-vised him to have a wetlands spe-

Decision expected soon in Emerson lawsuitcialist delineate the wetland on the property to help the county evaluate the impact of the addi-tions. But Emerson ignored those orders, and on Nov. 12, 2010, the county sent a final enforcement order. The Emersons did not ap-peal, and instead filed the lawsuit for damages.

Continuance not grantedAttorney Johnson, representing

Island County, filed a motion for summary judgment of the case. At the May 18 hearing, Judge Han-cock first dismissed the Emersons’ request for a 30-day continuance on the summary judgment.

The judge ruled that the Em-ersons had more than the 28 days required to answer to the filing of summary judgment, and hadn’t shown that their request for fur-ther depositions would change their case. He chastised Pidgeon for failing to file a response to the motion for summary judgment.

Pidgeon told the judge he need-ed more time to gather discovery evidence, including a study of the wetlands on the Emerson proper-ty that hasn’t been completed. He also said he hadn’t completed his deposition of Pederson.

But Johnson countered that Pidgeon had interviewed Peder-son during a four-hour deposition, and the only response the plan-ning director hadn’t provided was in response to a question about his political affiliation.

All the witnesses were made available for depositions in Febru-ary and March, and Pidgeon had made no requests for further depo-sitions after that, Johnson noted.

Summary judgmentIn his argument for summary

judgment, Johnson said the civil rights of the Emersons were not violated because they had the op-portunity to appeal the notices by the county. They also could have filed for a building permit after the illegal house addition had been discovered, and might have re-ceived the permit, he said.

“They were afforded due pro-cess,” Johnson said. “They just didn’t take advantage of it.”

The Emersons’ privacy was not invaded, Johnson argued, be-cause the building addition was in full public view. The trespassing charge should be dropped because Slechta was conducting a legal, limited inspection, he said.

Johnson also argued that Dean’s campaign mailer was not defamatory because it was sub-stantially true. Kenneth Emerson admits the home construction was illegal, and the fact that the mailer shows an elderly couple holding a newspaper mockup is “ornamen-tal – that doesn’t change the gist of it,” Johnson said, adding that he believes the Emersons were prob-ably angered by the campaign mailer, and likely filed the lawsuit “in the heat of battle.”

Johnson also pointed out that people who place themselves in the political arena are opening themselves up to unflattering ads and comments.

During his arguments, Pid-geon, representing the Emersons, began discarding one after anoth-er of his clients’ claims. Several times, the court reporters stopped the attorney to ask him to speak more slowly and repeat which cases he was citing.

Hancock at times was clearly

exasperated by the attorney’s me-andering arguments, at one point telling him, “Listen to me; answer my question.”

In reference to the Emersons’ defamation claim, Hancock asked Pidgeon to explain how his client was harmed.

“You have to have some show-ing that it is damaging to a per-son’s reputation,” Hancock said. “How is it damaging to Kelly Em-erson’s reputation that two people would be reading a newspaper saying ‘Emerson ignores county law,’ when the statement ‘Emer-son ignores county law’ is sub-stantially true?”

Pidgeon conceded that it was true that the Emersons violated the law when they proceeded with their building project without a county permit. But he said the campaign mailer made it seem as if that violation had been reported in this specific headline in a news-paper, when it hadn’t.

“Even though there may be truth in this proposition, what’s false about the proposition is that it’s a false statement on its

face that this ran in a newspaper, when it didn’t. That it contained Kelly Emerson’s picture, when it didn’t,” Pidgeon said. “And there were no two old people who were shocked by what they saw in this newspaper.”

“It’s one thing to have some-thing be proved between two par-ties,” Pidgeon said. “It’s another thing to say that this particular statement has hit the public air-waves.”

After Judge Hancock declared that Kelly Emerson is clearly a public figure under Washington law, Pidgeon withdrew the defa-mation claim.

After the judge pointed out that the Emersons had no valid claim of violations of the state’s Con-sumer Protection Act, Pidgeon abandoned that claim as well.

Pidgeon finally concluded that the Emersons’ case boiled down to one issue: that Island County employee Ron Slechta had ille-gally entered the Emersons’ prop-erty when he ventured into their unfenced yard and around to the side of their house that was visible from the street to look at the ille-gal construction without first se-curing a search warrant.

When Hancock asked the attor-ney if he should base his summary judgment decision solely on that one claim, Pidgeon said “yes.”

Related story: Attorney known for work on offbeat cases: page 7

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Page 4 The Whidbey Examiner • Thursday, June 2, 2011

Last week’s Examiner online poll question:With the Chetzemoka in service and the Salish arriving soon, has your confidence in the PT ferry route been restored?How our readers voted:q The new ferry is great and having two boats on the route will be even better.

q The new ferries are bigger and feel safer in winter than the Steilacoom II did.

q I rarely ride the ferry, so it doesn’t affect me much.

q I’m still very hesitant to ride the ferry for fear of not being able to get back.

To cast your vote, visit the Examiner online at www.whidbeyexaminer.com and look for the poll at the bottom left side of our home page. The poll isn’t scientific, but safeguards are in place to keep people from voting repeatedly from the same computer, and all votes are cast anonymously.This week’s question:• Now that her lawsuit has been resolved, what should be the next move for Island County Commissioner Kelly Emerson?

Poll results will appear each week in the Viewpoints section of our print edition. Log on and vote!

Whidbey Examiner online poll

10% 20% 30% 40% 50% 60%

viewpointsSuit bashes democracy

The whole article about Commissioner Emerson’s attorney is fascinating. This is not about politics; it’s about whether to have politics as we know it, as a democ-racy in which ideas can be discussed, or a chaotic cacophony of Ayn Rand cultists outshouting each other. We have to have a basis for a shared understanding of how things work, especially democracy, includ-ing education, economic justice and fair elections. Simplistic anti-government at-titudes inside government tend to, at best, disrupt the business of the people, like a loud obnoxious kid can disrupt a class. At worst our democracy can be dismantled and sold off to the highest bidder.

– Howard GarrettGreenbank

Court hearing was an unseemly sideshow

What on earth goes on at our venerable Superior Court? How sad that our over-burdened and respected judicial institution should be the scene of what reads like an unseemly sideshow put on by someone who apparently relishes performing in the public eye and is anxious to turn a serious courtroom into a publicity charade.

After reading the Examiner article about the commissioner’s attorney, Mr. Pidgeon (“Emerson attorney known for work on offbeat causes,” May 26), one wonders how he managed to pass a bar exam. Was his name assigned at birth or a self-assumed humorous “stage name” to advertise his professional capacity or choice of cases to accept? Was his perfor-mance a comedy or tragedy? Or was it just a Tea Party titillating, Donald Trump-type publicity stunt? If he was serious, it was a performance that would “clearly exasper-ate” a judge and would be dangerously tantamount to contempt of court.

Ordinarily, court reporters are amazing-ly able to record every word and nuance uttered under oath, but if “several times, the court reporters stopped the attorney to ask him to speak more slowly and repeat which cases he was citing,” it sounds like they were struggling with the babbling of a schizophrenic circus barker trying to an-nounce all three rings at once.

The event must have been “extraor-

dinary.” Maybe court security needs to include eye pupil exams for drug use, breathalyzer tests for inebriation and medi-cal background searches for potentially dangerous paranoid afflictions leading the afflicted to report “to various sources, the presence of’ ‘law enforcement’ officers from the Department of Homeland Secu-rity (DHS), complete in regalia to their black goon-mobiles, overtly positioned in proximity to his home.”

Your article would be appropriate for the comic section, if your paper had one. Do you suppose the people in the packed courtroom were worried that, after gradual-ly abandoning nearly all the claims he pur-sued in the Emerson case “a flustered and verbally meandering Pidgeon” might fly?

– Al WilliamsOak Harbor

Poor effort on WGH bondIt is nice that Whidbey General folks

can put a smiley face on the recent hospi-tal bond loss: a 55 percent vote approval rate just short of the required 60 percent rate needed for the bond to become real-ity. Let’s talk reality over warm, fuzzy PR speak. Roughly 55 percent of the Whidbey Hospital District voters did not bother to cast a ballot! Why?

Was it because of the north-end free lunch bunch or something else? To me it suggests the folks at Whidbey Gener-al don’t understand the community they serve and were less than aggressive in marketing the hospital bond issue.

First, lack of understanding of the hos-pital’s customer base. An example is their advertised “patients first” policy. Why do they find it necessary to advertise that poli-cy in the first place? As a hospital patient I expect to be a hospital’s No. 1 priority. But if a hospital finds it necessary to tell me that, let’s say a less-than-warm fuzzy feel-ing sets in my patient mind.

Last but not least, marketing a product or service requires knowing your customer base. Successful sale of a product or service requires going to the customer rather than waiting for the customer to come to you. I suggest next time get off your backsides, also do a little show and tell efforts or as the military folks like to say, a dog-and-pony show, to enlighten your customer base.

– Thomas F. StrangCoupeville

Emerson must reimburse taxpayers for frivolous lawsuit

We welcome the news that the lawsuit filed by Island County Commissioner Kelly Emerson against the county, two county staffers and a former commissioner has been dismissed.

The claims made by Emerson defied logic and revealed a real lack of understanding of the laws of our state and nation – and the fact that laws apply to everyone.

But then, Emerson apparently believes she doesn’t have to obey any laws she doesn’t like, as evidenced by her decision to go ahead with a building project at her house without obtaining the permits that she knew she needed before proceeding.

When the elected commissioners are sworn into office, they take an oath in which they promise to uphold the law. Why would Kelly Emerson think the law shouldn’t ap-ply to her?

Emerson’s attorney had argued that the county’s enforcement of its building and land-use rules amounted to unreasonable search and seizure, which is prohibited under the Fourth Amendment.

But enforcing land-use restrictions that limit the way a person can use their land do not constitute seizure of property. Rather, such laws are designed to protect the envi-ronment and the health and safety of the public, which is in the public interest.

Emerson also had argued that she had been defamed by a mailer distributed by for-mer Commissioner John Dean during his re-election campaign.

The mailer said Emerson had ignored county law, and Emerson complained that statement was designed to make her look bad so she would lose the election.

The fact is, she did ignore county law. And she was fully aware of it at the time.To paraphrase Judge Alan Hancock during the court hearing last month, you can’t

sue someone for defaming you if the information they are spreading about you is true.The lawsuit filed by Emerson was clearly frivolous and a waste of time and taxpay-

er money.In the seven months since she filed the suit, county staff spent many hours preparing

for the case – all of which was done on the taxpayer dime.Representation by a risk-pool attorney helped keep the county’s court costs down,

but the county should seek to recover all documented court costs – and Emerson should be required to pay them.

And now that the court has ruled on this matter, the Island County commissioners need to put the lawsuit and the bad feelings it engendered behind them, roll up their sleeves, and get back to the task of managing county government.

Coupeville’s Memorial Day parade reveals strong community spirit

In the midst of the rainiest spring in recent memory, Coupeville lucked out with sunshine last Saturday as its annual Memorial Day parade made its way through streets lined with waving, cheering Whidbey Islanders.

The antique cars, costumed parade participants and smiling faces are a happy spring tradition that brings the entire community together to honor our veterans and remem-ber those who made the ultimate sacrifice.

But the most memorable moment of the day came during the speech presented by Pearl Harbor survivor J.D. McGraw as he recalled the young men – his friends and comrades – who had so long ago died in service to this nation.

Determined that they not be forgotten, he read their names aloud, one by one. The crowd assembled at Coupeville Town Park fell silent as they listened to the names of men they would never know, but to whom this nation will forever owe a great debt.

– Publisher Kasia Pierzga

Page 6 The Whidbey Examiner • Thursday, June 30, 2011

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Fournier joins conservation district board

Tom Fournier was appointed to the Whidbey Island Conserva-tion District Board of Supervisors by the Washington State Conser-vation Commission at its annual meeting on May 19.

Fournier, who retired from federal service a few years ago,

worked with the U.S. Bureau of Reclamation, the Soil Conserva-tion Service and the U.S. Navy.

The Coupeville resident has volunteered regularly with the Conservation District as well as with Hearts and Hammers. His term on the board ends in 2014.

The board has a new vacancy due to the recent death of elected supervisor Duke LeBaron. Appli-cants are sought to complete his term, which ends in May 2012. For information, contact Chairman Fran Einterz at 360-672-2331.

Kasia Pierzga / The Whidbey Examiner

Prinnakarn “June” Blouin is set to launch the new Coupeville Cof-fee & Bistro on South Main Street at the site of the former Miriam’s Espresso. Blouin, who has a background in the restaurant industry, plans to offer espresso, pastries and a variety of bistro-style menu items throughout the day. She hopes to open the restaurant this week.

Coffee on the menu

By Gordon WeeksExaminer Staff Writer

Island County Commissioner Kelly Emerson and her husband Kenneth argue that the dismissal of their lawsuit against the coun-ty should be reconsidered because a trial would have addressed such questions as whether they provid-ed the county with the information required to get a building permit.

The Emersons also claim that Island County’s motion for them to pay $35,915 in attorneys’ fees and costs should be denied be-cause their lawsuit against the county was not “frivolous.”

The Emersons’ reply to Island County’s response to their motion for reconsideration, and their mo-tion to deny the county’s request for attorney and court costs were both filed June 23 in Island Coun-ty Superior Court.

Superior Court Judge Alan Hancock on May 27 ruled for the defendants’ motion for summary judgment in dismissing the law-suit by the Emersons.

The Emersons had charged Is-land County officials and employ-ees with trespassing, defamation, civil rights violations and other charges involving illegal con-struction on their Camano Island property.

In his decision, Judge Hancock concluded that “none of the Emer-

sons’ claims have any merit.”The Emersons filed a motion

for reconsideration June 6, and Seattle attorney Mark R. John-sen – who is representing Island County – responded to their mo-tion on June 16. That same day, Johnsen filed a motion for the award of $35,915 in attorneys’ fees and costs. Johnsen wrote that the Emersons’ lawsuit was “friv-olous, unreasonable and without merit, entitling the defendants as prevailing parties to recover their attorneys fees and costs.”

In their response, the Emersons state Island County has failed to establish that their case is “friv-olous” under state and national laws.

“Voluntary dismissal of causes of action and summary judgment do not equate to frivolousness un-der the law,” their motion states. “The question is whether the case was brought in good faith at its outset, not after discovery … Los-ing a case on summary judgment does not ‘render (a) case per se frivolous, unreasonable, or with-out foundation.’”

The Emersons also argue that Island County has not shown that their attorneys’ fees and costs are “reasonable.” The county did not provide any billing invoices, and “detail is critical, as a defendant is only entitled to the portion of his and her fees that are directly at-

tributable to the frivolous claim or claims,” the motion states.

Hancock took the motion for attorneys’ fees under advisement without hearing oral arguments. He said he would release a writ-ten decision.

In their response to the county’s response to the Emerson’ motion for reconsideration, the Emersons say a trial would give a “fact-find-er” the chance to address what they believe are “issues of fact.”

“To grant the motion for sum-mary judgment when these issues of fact remain would be contrary to or an error of law, and would defeat notions of substantial jus-tice,” the motion states.

In their motion, the Emersons state that matters up for factual contention include whether their unpermitted construction is vis-ible from the street or a neighbor’s house; whether it was “reason-able” for county building inspec-tor Ron Slechta to enter their property without a warrant; if their property should be considered a wetland under Island County code; and whether they complied with the county’s stop-work order.

The Emersons on June 23 also filed a motion announcing that they are no longer represented by Everett attorney Stephen Pid-geon. Their new attorney is Justin D. Park of the Bellevue law firm Romero, Park and Wiggins.

Emersons: Lawsuit not ‘frivolous,’ deserves a trial

A

Port reclaims Clinton parking lot

Beginning July 1, the Port of South Whidbey takes over the management of its Humphrey Road parking lot above the Wash-ington State Ferries terminal at Clinton.

The port has owned and main-tained the facility since 1991, al-though since 1996 the facility has been operated by lessee The Nor-man Group, better known as Pat-ty’s Parking.

The lot, which is accessed by ferry users by stairs from Hwy. 525, is used by permit holders, daily users and ferry crew.

The parking rates will remain the same at least through the end of the year, the port states. The port board of directors will review the rates during its annual budget process.

Permits are now available at the port office in Freeland and by mail.

The port recently replaced a light pole at the lot, and work soon will begin replacing tread units on the stairs during off-peak daytime hours.

Page 4 The Whidbey Examiner • Thursday, June 30, 2011

viewpoints

Last week’s Examiner online poll question:What do you think of the proposal to establish smoking areas in Island County parks?

How our readers voted:q I think it’s a great idea. That way we can call the cops on annoying smokers.

q A better idea would be to post signs asking smokers to be mindful of other park users.

q It’s a nice idea, but it doesn’t seem like it would be easy to enforce.

q It’s a lousy idea. People should be allowed to smoke outdoors at parks.

To cast your vote, visit the Examiner online at www.whidbeyexaminer.com and look for the poll at the bottom left side of our home page. The poll isn’t scientific, but safeguards are in place to keep people from voting repeatedly from the same computer, and all votes are cast anonymously.This week’s question:• What should be the policy regarding the student use of telecommunication devices in Coupeville schools?

Poll results will appear each week in the Viewpoints section of our print edition. Log on and vote!

Whidbey Examiner online poll

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Ebey’s should be open to paragliders

I read with interest the article “Paragliders eye return to Ebey’s bluff” in the June 9 edition of the Examiner.

I’ve flown both my hang glider and my paraglider from the bluff at Ebey’s Landing dozens of times before the park was closed to flying; in fact, one of the most memorable among my 1,100 hang-gliding flights was at Ebey’s Landing on Dec. 31, 1989.

According to my logbook, I launched my hang glider at 2:25 p.m. on a day with clouds and sun breaks, and eventually climbed to 1,300 feet – that’s one quarter of a mile above sea level – and soared for 1:20 minutes before having to land and thaw out.

This quote in the news article

caught me by surprise:“[Paragliding] is different than

hang gliding, in which riders sim-ply descend in a simple path,” said Starlund. Paragliders can use the wind drifts to stay aloft and glide along the bluffs for long periods.”

Mr. Starlund, Northwest Re-gion resource steward for the Washington State Department of Parks and Recreation, can be forgiven for his misconceptions about hang gliding, since most likely the park was closed to that recreational activity before he was hired as resource steward.

However, I’d really appreciate if you would let my experience inform your readers that, as far as soaring with eagles goes, both hang gliders and paragliders are equally privileged to enjoy that experience.

It would be a wonderful thing if foot-launch flight – soaring with

eagles, looking down on whales – was once again permitted at this unique and amazing site.

– C.J. SturtevantNorth Bend

CorrectionDue to an editing error, a letter

in the June 23 issue titled “Another view of Obama” inadvertently re-placed the word “self-employed” with the word “unemployed.”

Got an opinion?Submit letters to the editor by

e-mail at news@whidbeyexamin-er. To submit a letter by mail, send it to The Whidbey Examiner, P.O. Box 445, Coupeville, WA 98239.

Letter writers much include a phone number so the letter can be verified. The number will not be published in the paper.

Arrival of the Salish is an occasion to celebrate

More than three and a half years after the Steel Electric ferries were pulled from service on what was then known as the Keystone-Port Townsend route, two-ferry service is back.

Starting Friday, July 1, the Salish joins her sister ship Chetzemoka on the route, instantly doubling its carrying capacity during the hours when both vessels are in service.

One thing we’d like to see is later hours of operation for the fer-ries. Imagine if Port Townsend residents could drive down to Langley for a show at the Whidbey Island Center for the Arts, then get back on the ferry for a trip home the same evening. And imagine if Coupe-ville residents could walk onto the ferry, attend a music performance in downtown Port Townsend, and still be able to sleep in their own beds that night. Surely that exchange of commerce would boost the local economy on both sides of the ferry route.

Washington State Ferries has said there’s no money to pay for later sailings, but we’d like to see the idea added to a wish list that we can work toward as a goal for the future benefit of both communities.

Despite the ferry debacle, Coupeville has been especially fortunate in weathering the economic recession of the past few years. The com-bination of scenic beauty, historic preservation, a charming downtown and laid-back, small-town vibe has proven to be the perfect draw for people seeking an escape from the rush-rush lifestyle of the Big City.

Here at the Examiner, we’re proud of the role we’ve played in strengthening Coupeville and Central Whidbey as a unique travel des-tination with our annual visitor guide, which is distributed throughout the island, at visitor centers throughout the region, and on the ferries.

But we’re just one part of the whole, as our local business owners all put a lot of time and effort into maintaining the kind of downtown that draws visitors to Coupeville again and again. Next time you’re in a Coupeville business, please take the time to thank the merchant for the care and effort he or she takes in maintaining that small business. Oh, and don’t forget to spend a little money while you’re there!

Emerson lawsuit: Time to move onIsland County Commissioner Kelly Emerson needs to stop wasting

time, pay her fines and the county’s court costs, and get back to work.She seems to think the county’s legal defense of its employees

against her lawsuit is the result of some vague liberal vendetta against her, but the claims she and her husband insist they have against the county are based in neither law nor reality. The judge has already ruled on her case, and no amount of effort aimed at getting him to re-consider his ruling is going to change the outcome.

If Emerson put as much effort into doing her job as she has into pursuing her frivolous case against Island County, she’d be well on her way to becoming a competent commissioner. The taxpayers are paying her salary, but they sure aren’t getting their money’s worth. The whole thing has become tiresome and repetitive, and right now it seems there’s no end in sight.

If Emerson insists on continuing to flog her frivolous lawsuit, the people of Island County should seriously consider seeking compensa-tion for the pain and suffering they are having to endure in watching this pointless legal battle drag on.

– Publisher Kasia Pierzga