The Editor:
Some of us have given up hope that the Seabright stairs will be rebuilt. This loss of hope is understandable considering comments from Whatcom County claiming that there is nothing they can do.
The very clear intent of the county’s plat for Seabright is that the homeowners association is responsible for reconstructing the trail. The county’s position that there is nothing they can do is based on the fact that the language in their plat uses the word “trail” instead of the word “stairs.” This notion that the fundamental intent of the county‘s plat is nullified because of this one word is absurd.
One result of the Seabright Stairs being transformed into a public safety hazard is that the stairs’ remains likely fall within the legal definition of an attractive nuisance. Attractive nuisance laws protect children and carry very strict penalties. By exempting the Seabright developer from having to fulfill it’s responsibility to rebuild the Seabright Stairs, the county has targeted itself for being included in possible future attractive nuisance lawsuits.
Whatcom County should recognize that its own self-interest is best served by enforcing the fundamental intent of the plat, thereby avoiding future lawsuits.
Tom Yeager
Point Roberts
