September 28, 2001
A countersuit aimed at keeping local beach access
restricted will be filed by next week, according to Incline resident
Maryanne Ingemanson.
Ingemanson is spearheading the grassroots response to the case
filed by 2001 Beach Access, Inc., against the Incline Village
General Improvement District in July, citing concerns that Incline
property values would drop if access is widened. The case seeks
to widen the access to Incline and Burnt Cedar beaches for property
owners within IVGID who are excluded because of a 1968 deed restriction.
2001 Beach Access attorney Stephen Mollath said the group, incorporated
by Incline resident Chuck Bluth, wants to gain access to Incline
and Burnt Cedar beaches for property owners within IVGID who are
excluded.
Attorney Mike Johnson, who represents Ingemanson and others in
the matter, said his clients had grown weary waiting for 2001
Beach Access attorney Stephen Mollath to include them as parties
to the suit.
Addressing the IVGID Board of Trustees Wednesday, Ingemanson said,
"We gave Mr. Mollath a stipulation to sign by Sept. 21, and
he hasn't done so."
But in later comments, Mollath said he was awaiting IVGID's response
to the suit before deciding the status Johnson's clients, who
include Ingemanson's Village League to Save Incline Assets, Inc.,
Incline resident Tom Menning, and Incline company Circle I, L.
L. C.
"IVGID won't meet on this until at least Oct. 1," said
Mollath, "It depends on how the talks go with them on how
we decide to package things. It's simply a procedural matter."
IVGID will begin deliberating on the case in October when open
meeting law changes become effective that allow closed, confidential
litigation discussions. In preparation for this, the board unanimously
chose Reno legal firm Woodburn and Wedge to represent IVGID based
on the recommendation of a selection committee.
"Ted and I agreed Woodburn and Wedge was the right choice,"
said Board Chair Kinsman, who served on the selection committee
with Trustee Ted Fuller, General Manager John Danielson and General
Counsel Scott Brooke. "What swung it for us was the firm's
good, strong real estate experience, its work with water districts,
.. and its class action experience in north Nevada. We felt ...
it was a good match for (IVGID)."
Also considered were the firms Lemons Grundy and Eisenberg, and
Thorndal Armstrong Delk Balkenbush and Eisinger. The latter successfully
defended IVGID in a 1999 wrongful termination case.
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