GARDEN CITY — A bitter yearslong battle between lakeside homeowners and the town over access to Bear Lake has ended in a compromise.

Garden City Mayor John Spuhler said the agreement is for the town to drop its attempt at using an eminent domain to claim two of six roadways from the Shore Lodge Estates subdivision. Meanwhile, the subdivision homeowners’ association will help pay for a public walkway to the lake, located 350 feet away from the subdivision.

“We will be putting in a boardwalk down ... so people can have access to the lake in that area, which is a nice area,” Spuhler said. “For that, we wouldn’t exercise eminent domain on the property.”

Jay Brown, president of the Shore Lodge Estates homeowners association, said the agreement was approved by the homeowners on March 19 and settled completely a few weeks after that.

In addition to paying for much of the walkway, Brown said HOA members offered to help in the physical labor of installing the new walkway in June as a way to show its commitment to the town and the community.

In December, KSL reported about the legal battle regarding access to Bear Lake from the Shore Lodge Estates subdivision, which had gone on for years. It began in May 2013, when the town stripped gates in front of roads that blocked outside access to the lake. The homeowners claimed the roads were actually driveways to their homes.

A lengthy court case came to an end in July 2016 after a judge in Utah’s 1st District Court ruled in favor of the property owners. Not long after that decision was made, town leaders announced a plan to use eminent domain to claim two of the six lanes at the center of a squabble.

In December, a month before a town hall meeting was scheduled to the discuss the issue, Brown said the homeowners agreed to meet with town officials, including Spuhler and two town council members, to seek a way to resolve the issue. While the town officials didn’t agree with the judge’s ruling, they were willing to listen.

Related:

Homeowners fume as Garden City pushes for eminent domain to claim lake access

The homeowners of a Garden City subdivision are fuming as the town's officials push forward to use eminent domain to claim lanes at the center of a lengthy court dispute.

“That’s when we planted the seeds that there might be room for negotiation in this,” Brown said. “I really do believe (town officials) believed at that time that the judge made an improper decision, but we were able to convince them that there was another side to this story. And once that occurred, then I think we both started looking for a place that we could find some compromise.”

Brown added that a state ombudsman and other state officials also helped in brokering a deal.

The two sides eventually made an agreement on an alternative to the eminent domain plan — the walkway to the lake without cutting through the Shore Lodge Estates homes. This allowed the homeowners privacy while also giving other town residents and visitors and an added access to Bear Lake as town’s population tourism numbers increase.

Spuhler said the deal won’t change the amount of population growth, it will give those visiting better access to the lake, which was the primary goal.

“This helps by giving us another access point in an area that historically hasn’t had hardly anybody be able to use it,” Spuhler said. “The city is growing. We’ve got three major projects going on here that are large developments. So hotel, condos, short-term rental communities — all these things are happening. We needed access, and this just facilitates that for people who maybe can’t afford to live on the beach … (and) have a place where they can bring their family. That’s what it’s all about.”

Phil Olsen, a homeowner in the community, said that he and the other subdivision homeowners wanted others in Garden City know the legal battle wasn't centered around cutting lake access to anyone outside of Shore Lodge Estates; rather, it was about protecting privacy within the subdivision.

The decision to assist in building the walkway was a gesture to exemplify their desire to share access with others, which owners felt was lost in the legal fight.

"We don't want people to think we're a bunch of jerks up there. We care about public access to the beach," he said. "We want people to get access to Bear Lake, so we're certainly not opposed to that. But you don't take private property and turn it into public access. That was the issue."

After nearly four years of legal battles, Brown said the homeowners are thrilled that the squabble will finally be settled.

"We're relieved that this matter is now behind us," Olsen added. "A situation like this — it's worth standing up for what you think is right. That's what we did."

The Shore Lodge Estates homeowners have an annual meeting and barbecue each Labor Day. Brown said this year it’s going to be a little different.

“Frankly, it’s going to be a party,” he said. “We’re excited to finally have this chapter behind us. … We’re going to have a celebration.”

Related topics