Judge rules against ‘hanging hut’ owners Okanogan County Superior Court Judge Chris Culp ruled Wednesday (Oct. 15) that the so-called “hanging hut” built on Flagg Mountain near Mazama violates property covenants meant to protect views from the valley floor, and that “removal of the hut from its current location is the only remedy.” The ruling is a victory for Mazama-area opponents of the small cabin, built in 2012 along the ridgeline of Flagg Mountain. The suit was initially brought in 2013 by former owners of the 10.5-acre site on which the cabin is built, who cite what they claim are binding covenants prohibiting any structure that compromises views from the valley floor. The remaining plaintiffs are Steve and Kristin Devin of Mazama. The defendants are the cabin’s Seattle-based owners James Dow, Tom and Jeannie Kundig, and Ben Rand. Culp’s 21-page decision goes into considerable detail about the history of the cabin and the applicable covenants, and refers to testimony offered during the recently concluded trial. The parties were not able to reach a settlement before or after the trial. “Defendants violated the covenants by building the hut as and where they did ... This [building the cabin on the ridgeline] was not an innocent act,” Culp said in his decision. “And for defendants to now say they would not have spent the money they did for the property and have to build on some other site is disingenuous. In fact, had they built on what Mr. Dow testified was their first choice of location ... defendants would likely have avoided this lawsuit.” A nonprofit organization, Move the Hut, was formed last year to back a legal challenge to the cabin. For a complete story about the decision, including potential appeals of the decision, see next week’s Methow Valley News.
Posted on: Thu, 16 Oct 2014 01:00:32 +0000
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