River easement prohibits commercial dog kennel

KOOKSIA-The US District Court ruled in favor of the Forest Service in a case against Ron and Mary Park and their operation of a commercial dog kennel on Middle Fork Clearwater property encumbered by a scenic easement, according to a Forest Service news release.

Judge Lodge issued the ruling last Friday in response to the Forest Service and Park's request to the court for summary judgment.

The Forest Service acquired scenic easements on the properties along the Middle Fork Clearwater, Lochsa and Selway Wild and Scenic Rivers in the early 1970s in order to preserve the rural undeveloped character of the river corridor. The easement for the Park property was acquired in 1973 and the owners at that time were compensated nearly $50,000 for the rights given to the United States. The Parks purchased the property in 1989.

Scenic easement restrictions include prohibition of commercial activities except those that can be conducted from within the residence. Commercial ventures conducted outside a residence are prohibited.

Other restrictions include limits on the number of residences, the height and color of them, and requirements for written approval before cutting trees or making topographic changes.

The Forest Service became aware of the commercial kennel operation in 1997 and put the Park's on notice of the violation. The Forest Service filed suit against the Parks in May 2005 after years of unsuccessful attempts to obtain compliance. The Parks contended that dog boarding, breeding and kenneling was considered livestock farming allowed under the easement.

In his ruling Judge Lodge states that the easement terms in question are unambiguous and "that 'general crop and livestock farming' cannot be reasonably interpreted to include dog breeding, boarding, and training regardless of how broadly one defines livestock farming. . . ."

Judge Lodge also agreed that the kennel violated the scenic easement because it was constructed and operated outside of the residential dwelling.

"The Park property is well kept; however, the Judge agreed with the Forest Service that the operation was still in violation of the scenic easement," said Heather Berg, Easement Administrator for the Clearwater and Nez Perce National Forests.

Forest Officials are pleased with the ruling which reinforces the Agency's ability to enforce the terms of the scenic easements along the Wild and Scenic Rivers.

District Ranger Cynthia Lane said, "Millions of taxpayer dollars were spent to protect the lands adjacent to our Wild and Scenic Rivers. Scenic easements allow these areas to be protected for current and future generations. This ruling reinforces our ability to protect Wild and Scenic Rivers and assures property owners that the easements will be administered consistently."