Editor,

The headline in Saturday’s (August 27) South Whidbey Record regarding the Wonn Road lawsuit is extremely misleading. Mr. Montgomery did not win the case.

As pointed out in the article, Montgomery’s lawyers managed to convince the judge that there are disagreements as to the material facts that require the case to go to trial. The judge did not rule on who owns the tidelands or uplands, only that there is a question about the facts, and she could not rule in summary  judgment. When the case goes to trial on Oct. 11, the facts will be presented and the judge or jury will decide the facts. At that time, the judge will also have to rule on any questions of law, and a decision regarding ownership of the uplands and tidelands at the end of Wonn Road will be made.

The article also points out that Montgomery’s lawyers failed to convince the judge that Island Beach Access should be removed from the case, for the third time.

I do not agree that these decisions should be seen as a win for the Montgomerys; they avoided losing in summary judgment, but they lost yet again in trying to get IBA off the case. And, they have not won the case, which will be decided at trial.

One additional comment, the article quotes Mr. Montgomery saying that he has spent $700,000 on the case. It should be noted that while trying to reach an agreement with the county that would give him the uplands and tidelands, he sued his title company over the possible loss of the tidelands and has settled with them for $270,000.

WILSON BINGER

Greenbank