You are on page 1of 9
10 2 4 15 16 21 2 23 4 25 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM SHUKSAN INVESTMENTS LLC., a Washington Limited Liability Company, SHUKSAN GOLF, INC., a Washingt Corporation | not it 2h 09.20 al = COMPLAINT FOR DAMAGES Plaintiffs, AND INJUNCTIVE RELIEF ve, RANDY VAN BEEK and MARLENE VAN BEEK, husband and wife, WHATCOM CONSERVATION DISTRICT, a governmental subdivision of the State of Washington, Defendants. COMES NOW Plaintiffs Shuksan Investments LLC and Shuksan Golf, Inc. by and through their attorney, The Law Offices of Daniel S. McMonagle and for their complaint against Defendants hereby allege as follows: 4 COMPLAINT FOR DAMAGES - I ‘The Law Offices Of Daniel S. McMonagle P.O, Box 4913 Seattle, Washington, 98194 10 n 2 B 4 16 ” 19 20 21 B Py 25 L PARTIES 1. Plaintiff Shuksan Investments LLC is a Washington Limited Liability Company with its principal place of business in Whatcom County. 2. Plaintiff Shuksan Golf, Inc. is a Washington Corporation with its principal place of business in Whatcom County. 3. Defendants Randy Van Beek and Marlene Van Beek (hereinafter “Van Beek”) are husband and wife and residents of Whatcom County and own property located at 5874 Mertz Road, Bellingham, Washington 4. Defendant Whatcom Conservation District (hereinafter “WCD”) is a governmental subdivision of the State of Washington. I. JURISDICTION 5. This Court has jurisdiction because this lawsuit involves real property in Whatcom County and all acts and/or omissions took place in Whatcom County. Ill. FACTS COMMON TO ALL CLAIMS 6. Plaintiffs own and operate the Shuksan Golf Club located at 1500 East Axton Road, Bellingham, Washington. 7. The Shuksan Golf Club property is bounded to the west by property owned by Van Beck. The Van Beek property consists of a single-family residence on an upland terrace; forested valley slopes and pasture bottomland. Tenmile Creek runs southeast to northwest across the bottomland of the property. Shuksan Creek flows into Tenmile Creek on the property. ‘COMPLAINT FOR DAMAGES - 2 ‘The Law Offices Of Daniel S. McMonagle P.O. Box 4913 Seattle, Washington, 98194 20 au B 8. In 1994 the Nooksack Salmon Enhancement Association and Washington Department of Fish and Wildlife reconfigured about 500 feet of channeled creek on the east end of the Van Beek property for fish habitat enhancement, by the addition of meanders and woody debris, along with channel deepening and stream side planting. In the early 1990’s Natural Resource Conservation Service constructed a wildlife pond on Shuksan Creek on the Van Beek property. 9. In August 2001 Van Beek enrolled in the Conservation Reserve Enhancement Program (hereinafter “CREP”). The Washington State CREP assists with the recovery of salmon species that have been listed as threatened or endangered under the Endangered Species Act by establishing forested riparian buffers along rivers and streams. Forested riparian buffers are comprised of a diverse stand of native trees and shrubs that are representative of mature forest. WCD, under Washington State funding, provides the technical support and project planning for CREP. The program pays for all the expenses to establish the buffer, in addition to rental payments and other benefits to the landowner. At all times material hereto, WCD acted as the agent of Van Beek relative to the technical support, project planning, design, permitting, maintenance, construction supervision and monitoring relative to CREP. 10 WCD submitted engineering plans and a JARPA to the Washington Department of Fish and Wildlife in January 2002 for a hydraulic project approval to carryout a stream habitat restoration project at the Van Beek property on ‘COMPLAINT FOR DAMAGES - 3 The Law Offices Of Daniel S. McMonagle P.O. Box 4913 Seattle, Washington, 98194