Judge reverses decision ordering removal of Three Fingers
Wednesday, January 23, 2013
WENATCHEE — A judge has reversed her decision from last summer ordering the removal of three manmade peninsulas on Lake Chelan.
The issue will instead go to trial, Chelan County Superior Court Judge Lesley Allan ruled.
Known as Three Fingers, the 6.12-acre property on Lake Chelan’s south shore is owned by GBI Holding Co., and was never developed. A fourth “finger” was removed after a court battle 40 years ago.
Allan’s initial order last May to remove the property came in response to Chelan Basin Conservancy’s lawsuit, filed after the city of Chelan agreed to allow its owners to divide it.
The conservancy argued that public access to the lake, and their right to use the bay, are impaired by the manmade fill. The judge agreed.
Seattle attorney Sandy Mackie said he’s drawing up an order now to reflect Allan’s Jan. 15 reversal after property owners and the state Attorney General’s Office asked the judge to reconsider that decision.
“The state said all kinds of things need to be looked at” before the judge can rule that a state statute is unconstitutional.
In her Jan. 15 reversal, Allan wrote that the court needed to resolve several things — including whether the Three Fingers were legally created — before determining whether they should be removed.
Allan also wrote that GBI Holding had submitted information about the potential benefits of the property which should be considered.
Mackie said no hearing had been set for the judge to consider those issues.
“The clients are clearly pleased with the decision,” he added.
An attorney for the Conservancy could not be reached this morning.
K.C. Mehaffey: 997-2512
mehaffey@wenatcheeworld.com
» 2 comments on this story
MORE LIKE THIS
Ramifications of Three Fingers removal disputed
Judge rules Chelan lakefront property must go
Chelan group challenges legality of lakefront property
Lakeside Bay deserves to be restored
Correction: It’s Judge Lesley Allan
Advertisement
UPCOMING EVENTS
Monday, May 27
Conquer Your Fear of Public Speaking - Toastmasters Meeting
First United Methodist Church, 5:30 p.m.
Tuesday, May 28
Toastmasters
Chelan County PUD Auditorium, 327 N. Wenatchee Ave., 7 a.m.
Tuesday, May 28
Alzheimer's Association Caregiver Support Group
Lake Chelan Community Hospital, 1:30 p.m.
Tuesday, May 28
Alzheimer's Association Caregiver Support Group
Lake Chelan Community Hospital, 1:30 p.m.




Comments
Want to comment on this story? All Wenatchee World members are invited to comment on stories, by using the form below. Please know that we at wenatcheeworld.com hope our site is useful, entertaining and civil. So we'll delete comments that are obscene, abusive or way off topic. We appreciate it when readers use the "suggest removal" button to flag inappropriate comments. For more about interacting with the site, see our Use Policy.
ChelanMary 4 months ago
GBI, please just donate the Fingers to the City of Chelan for a dog park and be done with it. Why waste all the money fighting to build on-the-highway housing and take away more of the lake front? Dogs really need a place to play in Lake Chelan. Chelan loves dogs but dogs can't be in any of the public or private beaches. Help the community and give back for all the raping of the land (another example is Crystal View) GBI has done for over 40 years.
ranchers 4 months ago
It is way past time that judges and government in general needs to recognize the "rightsof private property owners. It is obvious that the city of Chelan realizes that financial development of the area will benefit both the city and fellow property owners---remember that property taxes go down when there are more people to share the burden----in reference to ChelanMary---I have yet to see any dog pay property taxes.*
Sign in to comment