Stewart v. State Ex Rel. Division of State Lands

This case is the most recent chapter in a land use dispute that goes back more than 17 years, dealing with plaintiffs attempt to obtain a permit to build residential units on two acres of land that he owned in Benton County. The trial court, over plaintiffs objection, granted the Department of State Land’s (DSL) motion to bifurcate the trial, with the issue of liability for a “taking” tried to the court and, if necessary, the issue of damages tried to a jury. On the first day of the bench trial, plaintiff (acting pro se, as he had through much of the litigation) refused to put on evidence,…