City of Coeur D'Alene v. Mackin

EISMANN, Justice.

This is an appeal from a judgment determining that the ordinary high water mark of Lake Coeur d’Alene at a place called Sanders Beach is 2130 feet above sea level and that the abutting property owners do not have the right to exclude the public from that portion of the beach below such ordinary high water mark when it is not covered by water. We vacate the judgment and remand for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

On October 19, 2004, the City of Coeur d’Alene and William Douglas, in his capacity as the Kootenai County Prosecuting Attorney, (herein jointly…