Judge dismisses suits over water issues

Wahkiakum Superior Court Judge Michael Sullivan on Monday granted motions to dismiss suits against Wahkiakum County officials, Columbia Land Trust, and Ducks Unlimited.

The judge ruled in favor of defendants' motions to dismiss because the actions failed to follow established procedures, called Civil Rules, for such actions. He did, however, dismiss the actions "without prejudice," meaning they could be refiled later in appropriate form.

The judge signed orders dismissing the actions against the county officials and asked the Columbia Land Trust attorney to prepare and submit an order for dismissal for the other parties.

The court had combined actions brought by Raven Webb and Poul and Zenaida Toftemark.

Both claimed that county officials, including Sheriff Dan Bardsley, Prosecuting Attorney Dan Bigelow, Public Works Director Pete Ringen, Chuck Beyer and the county commissioners had failed to uphold county and state laws and ordinances for construction and other activities affecting flood plains.

Webb believes wetland restoration work by the Land Trust and Ducks Unlimited on land adjacent to her's has led to increased flooding of her property. The Toftemarks also claimed that the work is leading to erosion of a dike protecting their property.

Both Webb and the Toftemarks acted as their own attorneys.