A dispute over public beach access in Greenbank will likely go to trial in October.

Skagit County Superior Court Judge Laura Riquelme denied Island County’s motion for summary judgment in its lawsuit against Greenbank residents Bruce and Joanne Montgomery. County officials asked the judge to end the three years of litigation and find that a disputed beach property at the end of Wonn Road belongs to the public.

It was the second time that a judge has denied the county’s motion for summary judgment.

During a hearing in July, Island County prosecutors argued that a 1944 plat by property owner W. James Pratt was unambiguous and gave Wonn Road and the tidelands at its end to Island County.

Attorneys representing the Montgomerys and neighboring property owners argued that the facts are far from clear and that a 1955 easement by Pratt shows that his intention was not to convey the tidelands to the county.

Riquelme found that questions of material fact exist which cannot be resolved in summary judgment.

“It is telling that the meaning of this plat has been disputed for over 40 years,” she wrote. “That so many declarations need to be filed to support what should be clear on the face of the plat is also indicative of the murkiness of the platter’s intent. The plat is unclear on its face.”

On the other hand, Riquelme denied Montgomery’s motion to dismiss claims by the group Island Beach Access for lack of standing. The group is an intervenor in the case on the county’s side and will be able to continue as such.

Bruce Montgomery said this week he and his wife are pleased with the decision and are confident they’ll win at trial. But, he said, it’s been a long and costly fight, costing about $700,000 in the legal fees. Part of that was paid by a title insurance company.

That all could have been avoided if the commissioners accepted a settlement that would have returned the access to the public at a point in the future, Bruce Montgomery said.

Members of Island Beach Access and others argued against accepting the settlement and the commissioners turned it down in a vote of 2-1.

Montgomery points out that a volunteer attorney for Island Beach Access claimed the case was a “slam dunk” win for Island County; he said the judge’s decision proves that attorney wrong.

Commissioner Jill Johnson, who voted in favor of taking the settlement, said she was hopeful that the summary judgment would be in the county’s favor, but that the denial wasn’t a shock.

Johnson said she’s unaware of any renewed discussion about a settlement but is still hopeful the county will ultimately win.

The disagreement about the beach access began in 2008 when the Montgomerys built a low wall between two homes they own at the end of Wonn Road, blocking beach access to the public; they claimed its location was on their property. Island County sued to remove the wall in March 2013.

Trial is scheduled to begin Oct. 11.