VIEWPOINT | Why I voted for the Wonn Rd. settlement

By JILL JOHNSON Island County commissioner I believe that Wonn Road is a road end and the beach access belongs to the public. However, my personal beliefs will not resolve the dispute. What matters is what a court finds to be true, and ultimately who owns the upland portion of the shoreline and the tidelands will now be decided by a judge. The dispute over who owns the waterfront portion of Wonn Road, a strip of land at the end of a roadway near Greenbank Farm, reflects a disagreement dating back to at least 2008.

By JILL JOHNSON

Island County commissioner

I believe that Wonn Road is a road end and the beach access belongs to the public. However, my personal beliefs will not resolve the dispute. What matters is what a court finds to be true, and ultimately who owns the upland portion of the shoreline and the tidelands will now be decided by a judge.

The dispute over who owns the waterfront portion of Wonn Road, a strip of land at the end of a roadway near Greenbank Farm, reflects a disagreement dating back to at least 2008.

The property owners assert that this is their property and, as a result, they are defending their legal rights. I disagree with their conclusion, but currently Island County does not hold the deed to the shoreline or the tidelands; the deeded title is in the name of the property owners.

I supported the Wonn Road settlement and I am not ashamed of my decision. It reflected what I believe was the correct course of action and the best possible outcome for the future.

Much has been made about this issue and the negatives of the settlement received tremendous attention. The merits of the agreement received none.

Ultimately the board’s negotiated settlement, signed by the property owners, was rejected by my colleagues. As the dissenting vote I will now support the decision of the board. Still, I believe our community deserves to understand the reasoning and the values that motivated my position.

I was raised on Whidbey Island and the preservation of those things that make our islands special are at the foundation of all of my decisions. The settlement reflected these values.

— It would have returned Wonn Road and the tidelands to the public no sooner than 10 years and no longer than the life of the current property owners. In other words, the county would retain ownership in perpetuity.

— The settlement deeded the beach access and tidelands to the county. Even if the property was sold, upon the death of today’s owners, the disputed uplands along with tidelands would remain deeded to the county. The only exception would be if the property owners presented the Island County Board of Commissioners an acceptable beach access point within 10 years to replace the Wonn Road property. If such a property was identified and accepted, the county would then deed Wonn Road back to the current property owners. After 10 years no alternate properties could be proposed or considered. If the commissioners chose not to accept an alternate shoreline property within 10 years, then Wonn Road would remain in the deeded ownership of Island County.

— The proposed settlement guaranteed the public beach access that included the tidelands, albeit we had to wait for a minimum of a decade to gain access.

The settlement also contained other benefits. It dismissed the claims against the county in a public records dispute, provided additional waterfront property with tidelands on the west side of Whidbey Island, and contributed $50,000 to a park improvement fund.

When the county rejected the settlement we traded those guarantees. Now, the best the public can possibly expect is an earlier return of the Wonn Road uplands and possibly the tidelands.

Many opposing the settlement believe that the public has no chance of losing the uplands or the tidelands. I believe their motivations are well-intended, I simply don’t share their certainty.

People are rightly passionate about their beaches, but passion doesn’t change the facts and some of the facts favor the current owners. Simple and clear-cut disputes simply don’t linger unresolved for years.

I am hopeful that a judge awards the Wonn Road uplands and associated tidelands to the public. I think the county’s case is strong, but anything can happen in a courtroom.

Ultimately the settlement earned my support because I would not allow my desire for a chance at victory today to risk public beach access forever. I believed the delay in taking possession of Wonn Road was a worthy sacrifice given what would be gained for all future generations.