Editor,

In their letter published in the April 5, 2014, edition of the South Whidbey Record, Walter and Sally Kirkpatrick defend Bruce Montgomery’s right to build a wall across the Wonn Road right of way by discussing the tidelands at the end of the road.

This seems to be the common defense used by both Montgomery and those who support his position, but is based on a misconception that the land beyond the wall is or was tideland.

Tidelands are defined under Washington State law as being between the mean high water line and the low water line. Thus, the exact location of any tideland can change over time as material is deposited on the beach or eroded from the beach.

For anyone who has been to Wonn Road, it is obvious that Montgomery’s wall is not in the tidelands or at the edge of the tidelands but in the uplands above the tidelands.

As such, it is an encroachment on a public right of way that prevents access and should be removed. Neither Bruce Montgomery nor the Kirkpatricks are presenting any evidence that the Wonn Road right of way ends before reaching the tidelands.

Finally, the Kirkpatricks state that they prevailed every time people attempted to have them remove signs or gates limiting access to the beach at Wonn Road.

This is true only because the county did not pursue the matter in court. The county has finally taken the matter to court, which is the correct thing for them to do.

WILSON BINGER

Greenbank