Developer Steve McCormick won't have to dedicate a two-acre park in return for Burleigh County vacating a section line for Hawktree Golf Course nearly 10 years ago.

At Monday's meeting, on a 4-to-1 vote, county commissioners approved a motion by Jim Peluso accepting improvements and right of way in lieu of public benefit to be derived from the two-acre park.

Peluso has been researching the issue and meeting with McCormick to determine the best course for the commission to take regarding the section line vacation.

"I understand how Steve McCormick feels he has fulfilled the obligation for closing of the section line," Peluso said.

The original motion approved by the commission said that McCormick would provide a roadway from Highway 1804 to Hawktree Drive and two acres of parkland.

In reviewing past meetings, Peluso found that in December 2003 the Hay Creek Township board asked that, in consideration for vacating the section line, the public benefit would be the paving of Burnt Boat Loop from Hawktree Drive west to 1804. In February 2004, McCormick agreed to provide the right of way on his land and extend the pavement.

"I have reviewed the minutes and tapes of the Feb. 2, 2004, meeting and came to the conclusion that there was a gentlemen's agreement regarding the exchange," Peluso said. "No one seems to want the two-acre park anyway."

Commissioner Doug Schonert said he didn't have any problem with Peluso's motion, but asked Assistant State's Attorney Cynthia Feland if they could technically agree to it.

"If you can show, and the commission agrees there is a comparable benefit, there is nothing to say you can't switch what that benefit is, as long as it is something of comparable values, in the same area and has the same effect on local residents," Feland said.

Commission chairman Marlan Haakenson wasn't convinced, calling the situation "murky." He said he believes that State's Attorney Richard Riha's opinion was that the road work didn't meet the necessary benefit.

"As far as the township not wanting the park, they don't run parks - that's up to the county," Haakenson said.

Peluso agreed it has been murky, but the county needs to move forward.

Haakenson also worried that a Burleigh resident could bring a lawsuit from breach of contract, but Feland disregarded that suggestion.

The commission chair provided the only dissenting vote.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)