A lawsuit was filed against Bainbridge Mayor Darlene Kordonowy and the city Monday, seeking damages relating to the construction of a private dock and a boundary line adjustment on property adjacent to the mayor’s home on Port Madison Bay.
The lawsuit, filed by Jette and Kenneth Hammer, also names neighbors William and Barbara Knapp, of Sivertson Road, as defendants.
Attorney Dennis Reynolds, who is representing the Hammers, confirmed the lawsuit was filed in Kitsap County Superior Court.
The dispute stems from a city permit issued to the Knapps in 2006, which allowed them to build a dock on Port Madison Bay. The Hammers claim the dock inhibits use of their own dock.
“We’re just amazed,” William Knapp said. “We don’t think our dock detracts from (the Hammer’s) property. We built our dock and they have been fighting it all the way.”
Kordonowy did not return calls Wednesday. Kenneth Hammer said he wouldn’t comment on the case Wednesday.
The Knapp’s residence is located between the Hammer’s property and the residence of Kordonowy and her husband, James Abbott.
The Hammers appealed the dock permit issuance and the grievance was brought before the city’s hearing examiner in 2007.
During the hearing examiner proceedings of 2007, the Hammers claimed the city had a conflict of interest in the matter because of the mayor’s interest in the outcome, that boundary and buffer regulations were not being enforced, and that the issued permit violated the Shoreline Management Act.
During those proceedings, the Knapps and Abbott/Kordonowy agreed to a boundary-line adjustment that they claimed settled the buffer and boundary arguments brought forward by the Hammers.
Since that first hearing, the Knapps’ dock has been completed.
However, the new lawsuit asks the court to declare the boundary-line adjustment between the Knapps and Abbott/Kordonowy to be illegal.
“I don’t know quite what to say. We think that two neighbors can decide and agree on where their boundary line is,” Knapp said. “If we wanted to agree to a different boundary I think we could. I don’t believe the state can say where they would like to have (our boundary).”
The lawsuit also asks the court to consider an abatement on the dock owned by Kordonowy and Abbott. The plaintiffs contend that dock, constructed in 1985 by a previous homeowner, was illegally built and contravened the permit, and boundaries set by Kitsap County at the time.
The Hammers are also asking for damages, contending that the proximity of the recently built Knapp dock has deprived them from using a portion of their own dock.
The city of Bainbridge Island was named in the lawsuit because the plaintiffs contend the city did not follow proper regulatory and permitting guidelines.
The shoreline issue has been a point of contention between the neighbors for many years.
Prior to this action, the Knapps in the 1980s tried to block the construction of a dock on the Hammer’s property. They claimed the dock encroached on their tidelands.
Details of the lawsuit can be found below.
