On Sunday, the Friends of Benka Lake held an informal public meeting in Talkeetna to discuss the current state of the lawsuit the organization has filed against Jan and Britte Brunz, the private property owners who built a fence across Lakeview Street, the road that accesses the lake.
To begin the meeting Michael Kramer, who is the attorney representing Friends of Benka Lake, gave a synopsis of where the lawsuit stands.
Kramer highlighted the significance of recent filings by the State of Alaska. As part of its response to filings by the Brunzes, the state included documents related to the construction of Lakeview Street. Those documents indicate that the state hired a contractor to construct the road in 1965 for use as a means of public access to Benka Lake.
Kramer believes that the case for Friends of Benka Lake is also bolstered by a previous case decided by the Alaska Supreme Court in 2012. He says many of the relevant facts in Offshore Systems, Kenai vs. Alaska Department of Transportation and Public Facilities are very similar to the Benka Lake situation. In that case, the court ruled that an oil and gas development company that had closed off previously existing waterfront access had to take down the gate that it had built and allow public access to resume.
In the near future, it is likely that there will be a motion for a temporary restraining order asking that the Brunzes be required to remove the existing fence across Lakeview Street as the case continues to make its way through the court. Kramer says he is hopeful the state will file that motion, but that Friends of Benka Lake is also prepared to do so.
Up until now, the case has consisted of filings and responses by the various parties involved. Judge Jonathan Woodman, who will preside over the process, has yet to issue any substantive rulings. Kramer says he expects that may change within the next few weeks.
About thirty people attended the meeting, which was hosted at VFW Post 3836 near Downtown Talkeetna. In addition to the core issue of access to Benka Lake, questions included the potential future status of the Talkeetna Fire Department’s fill station located at the lake and the potential for the Alaska Department of Fish and Game to resume stocking the lake with fish. The state had previously suspended stocking after public access was removed.
Both audience members and the board of Friends of Benka Lake noted legitimate concerns about parking and sanitation should access to the lake be restored. Board member Hannah Rosamond said at the meeting that restoration of access to Benka Lake wouldn’t mean dissolution of the organization. Rather, that would be an opportunity for the nonprofit to work toward addressing those concerns and urging entities including the Mat-Su Borough to take a more active role in the management of infrastructure connected to Benka Lake. In a post on the Friends of Benka Lake Facebook page on Tuesday, board member Christopher Hall reiterated that message and the group’s commitment to improving the area around the lake should they prevail in court.
