2nd suit seeks Grays River action

A Westend couple has filed suit in Wahkiakum Superior Court over a Grays River Valley salmon habitat restoration project.

Poul and Zenaide Toftemark filed the 92-page suit November 3, claiming that actions or inactions of the respondents are causing damage to their dike and property along Seal River, a tributary of the Grays.

The respondents include Columbia Land Trust and employees Glen Lamb and Ian Sinks; Ducks Unlimited and employees John Axford and Chuck Lobdel; Big River Rock Co., Big River Excavation and employee Mike Sarin; and several Wahkiakum County officials--Sheriff Dan Bardsley, Prosecuting Attorney Dan Bigelow, Public Works Director Pete Ringen, Planning Department Manager Chuck Beyer, and "Wahkiakum County Commissioners," who weren't named individually.

The Toftemarks ask that the area be restored to its preexisting condition and that they be paid for their damages.

A motion for summary judgement is set for the court's December 8 docket.

Raven Webb, a Kandoll Road resident, filed a similar action in August.

The Toftemarks, who are representing themselves, allege that wetland restoration projects on Columbia Land Trust property at the end of Kandoll Road have increased the height of the flood zone in the area and strengthened currents in Seal River so that they're eroding the Toftemark dike.

Columbia Land Trust and Ducks Unlimited, which engineered the projects, didn't follow county ordinances or show reasonable precaution in constructing the projects, the Toftemarks say.

"It has caused severe damage to the petitioners, and other Wahkiakum County residents are placed in situations that have/could caused/cause serious harm," the suit says.

The Toftemarks also claim that the county officials failed to uphold or enforce county flood zone ordinances or permit requirements.