Judge dismisses party in Under Canvas lawsuit

In the latest update to the attempt by national glamor camping company Under Canvas to develop a luxury campground in the timberlands up Oak Ridge Road in Husum, a judge dismissed one of two groups as parties to a lawsuit challenging Klickitat County’s decision to grant the company a conditional use permit to proceed forward with the project.

Klickitat County Superior Court Judge Randall Krog issued a ruling late December dismissing Friends of Oak Ridge as a party to the lawsuit.

Under Canvas, which is overseeing the project, have pitched a 95-tent luxury camping facility, seasonally operated from April to October.

Following approval of a conditional use permit application and the upholding of a mitigatory environmental decision in Under Canvas’ favor by a hearing examiner, Friends of Oak Ridge, Klickitat Land Preservation Fund (KLPF), and Dennis and Bonnie White jointly filed suit against Under Canvas and Klickitat County challenging the two decisions.

Krog wrote in his Dec. 29 ruling that “in order for an entity like Friends of Oak Ridge to be a party to the case, it must be a legal entity with capacity to sue or be sued.”

Court filings show that the group grew out of an email list that was used to distribute information about the Under Canvas project, and the judge found that the group’s operations did not meet the standard of being an unincorporated association, because “the group lacks methods nor forms identifying the requirements for membership and/or the structure of the group.”

Despite the ruling, the two other plaintiffs are able to carry on without the group.

Dennis White, one of the plaintiffs of the suit, said that while the ruling is a disappointment, “we need to accept it and move on. We are assessing how the ruling might affect the (Land Use Petition Act) appeal overall … As of today, Bonnie and I and KLPF remain petitioners in the suit. To that extent, it should go forward.”

“The courts upheld the rules of law in this process as evidenced by the dismissal. Under Canvas continues to work with the County and the courts regarding the approvals received and we look forward to being a part of the Husum community,” Under Canvas Chief Development Officer Dan McBrearty said in an email.

Steve Morrow, member of Friends of Oak Ridge, said the Under Canvas legal strategy is unclear, “but if it was to alienate, disenfranchise, and anger Klickitat County residents that live along Oak Ridge Road, they most certainly have achieved this.”