Peters v. Vinatieri

102 Wash. App. 641
CourtCourt of Appeals of Washington
DecidedSeptember 22, 2000
DocketNo. 24085-8-II
StatusPublished
Cited by3 cases

This text of 102 Wash. App. 641 (Peters v. Vinatieri) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peters v. Vinatieri, 102 Wash. App. 641 (Wash. Ct. App. 2000).

Opinion

Armstrong, C.J.

— To document the possibility of illegal sewer hookups, water conditions, and a public swimming pool at the Riffe Lake Recreation RV Park, two agents of the Lewis County Health Department drove onto an access road owned by the Church of the Disciples of the Soil and videotaped two RV hookups. Gene Peters, who owns and operates the RV park, lives just off the access road. Peters stopped the agents and told them they were trespassing on private property. Peters had earlier warned the Department about trespassing on his property and had told it to contact him before inspecting his property. As a result of the incident, Peters sued the Department and its director for damages under 42 U.S.C. § 1983 for violating his fourth amendment rights and under 42 U.S.C. § 1985 for conspiracy to deprive him of equal protection of the laws. He also brought a claim for damages under article I, section 7 of the state constitution. In addition, he brought common law claims of trespass and invasion of privacy. The trial [645]*645court granted summary judgment for the Department, and Peters appeals. We affirm.

FACTS

On January 10, 1996, Pat Waslawski and Chris Cooper, employees of the Lewis County Public Services Department in the Environmental Health Division, went to the Riffe Lake Recreation RV Park to “document conditions by photo and/or video camera so that the case fileD • • • could be updated and, if necessary, turned over to the Prosecutor’s Office for review and possible further action.” Waslawski was a supervisor for land use, water, and lab programs. Cooper was the solid waste coordinator. They were sent there by Michael Vinatieri, who was then the Director of the Environmental Health Division. The agents believed that Peters had not obtained a permit to operate the RV park.

Peters has had a long and strained relationship with the Department. In 1981, the Department wrote Peters asking for his cooperation in inspecting his “community” water supply that served trailers at “Mr. Jack Redmon’s Grocery Store.” Peters wrote back that he did not know of a store by that name and would not cooperate with the Department. He added, “The last time you were on the property here at Glenoma you were trespassing. The place is posted. I suggest you take the time to read the signs. Entry by a Government official without the proper authority is a misdemeanor.”

The Department then advised Peters of the regulations, again asked for his cooperation, and said the Department would be required to pursue legal action if he failed to provide the requested information. He was also told that “the expansion of the mobile home park of Mr. Jim Redmon and any food service in the grocery store would be limited and/or discontinued.” Shortly thereafter, the Department’s attorney asked Peters for a voluntary inspection of the well and told him that otherwise the County would ask for a court order. In 1982, the Department’s attorney wrote an [646]*646internal letter stating, “Mr. Peters is taking a very strong stance against any County involvement in the inspection of his public water supply. I anticipate that this case may require some further action by Lewis County Superior Court in order to enable the environmental staff to enter the property and inspect the quality of the water.” The letter also indicated that a court order might be required. A later note in July 1982 suggests that the attorney was instructed to “pursue immediate court action” regarding the water supply. It is unclear from the record how this matter was resolved.

Four years later on June 12, 1986, a newspaper reported the grand opening of Riffe Lake Recreation. The report stated:

Gene and Jeannie Peters are opening a recreational vehicle (RV) park and miniature golf course. The new facility is next to the Glenoma Post Office where the Peters are developing a 40-acre tract that includes two miles of nature trails and a year-around [sic] creek with fish in it. The RV park has 15 hookups for water, sewer, and electricity with access to a heated swimming pool, showers and restrooms.

On June 27, 1986, the Department’s attorney wrote Peters that the County had no record of the necessary permits to construct a septic system, no records showing an adequate water supply, and no record of the inspection report required for a public swimming pool. Peters responded that he would cooperate but he asked that he “be notified of their coming in advance, so I may aid them in their inspection. If no such notification is sent, they will be instructed to leave.” He also asked for copies of all regulations, which were sent by the Department on July 14,1986. In June 1987, the Department again wrote Peters about violations and advised that it required compliance because Peters was “again advertising [his] facilities to the public.”

In September 1987, the Department told Peters that it could not certify his well. The Department reminded Peters that it had received neither a permit application for sewage disposal nor plans or specifications for the swimming pool. [647]*647A week later, Peters sent a sketch of his swimming pool. But he disagreed with the Department’s decision to inspect his water supply. A later letter from the Department’s attorney to the Director stated that the Director would make arrangements with a representative of Department of Social and Health Services (DSHS) to meet with Peters to discuss compliance. On June 23, 1988, the Department told Peters that DSHS needed to approve his public swimming pool and that, thereafter, the Department would conduct annual inspections. There.is no other documentation in the record concerning the next eight years and whether Riffe Lake Recreation had come into compliance.

On the afternoon of January 10, 1996, Waslawski and Cooper pulled off of State Route (SR) 12, across from the RV park. Waslawski believed that Peters did not have an RV park permit. After seeing RVs parked at the site, they decided to document the conditions.

The agents were in a clearly marked Lewis County vehicle. They believed the access road was open to the public. A large sign posted on the access road facing SR 12 advertised:

RIFFE LAKE RECREATION
R.V. PARK
FULL HOOK - UPS
BOONDOCKERS
TENTERS
SHOWERS PHONE
POST OFFICE
DAY - WEEK - MONTH
ESPRESSO MORE
POP & SNACKS ICE FOOD

Several businesses were served by the access road and the agents found no restriction to access, such as no trespassing signs or locked gates.

Waslawski and Cooper drove straight down the access road, past an espresso stand, to the travel trailer parked [648]*648closest to SR 12. Waslawski videotaped a sewer pipe, water hose, and power cords running from the trailer to the hookup at space number 8.

The agents then drove a short distance forward on the access road near space number 10. According to Peters, they drove to a point immediately east of his residence.

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102 Wash. App. 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-vinatieri-washctapp-2000.