Fate of Willow Historical Community Center could be decided soon

WILLOW — The fate of a log cabin community building in Willow, constructed shortly after statehood, could be decided as soon as late January.

The fight over whether or not the building can stay on the land has been a years long legal saga between the building’s owner, the non-profit Willow Historical and Wildlife Foundation (WHWF), and the Borough.

The original Willow Community Center, a 40-foot by 60-foot cabin built by residents in 1961, has rested in its current spot, just a few hundred feet from its original location, since 1992. The building was added to the National Historic Registry in mid-October.

Borough officials say the building is illegally squatting on their land. Officials with the building’s non-profit owner, the Willow Historical and Wildlife Foundation (WHWF), say it is not.

The cabin, used for some community events, such as a recent meet-and-greet with Alaska gubernatorial candidate Charlie Huggins, originally sat on the land thanks to permission from the state, which owned the land before transferring it to the Borough in 1982, said Jim Huston, who co-founded the WHWF.

But Borough officials contend that a transfer of ownership invalidates that agreement — and that the cabin has to go.

“The Borough is only contending that they own the land and they don’t want us on it,” said Huston. “My in-laws pretty much founded Willow in 1959 … it’s a family issue, it’s very dear to the community.”

Now the suit to evict the building and WHWF from the land filed by the Borough in October, 2016 could see an end as soon as late January, said Trina Sears, an assistant borough attorney handling the case. That’s when a court date is set for a judge to decide on a series of requests filed by both the Borough and WHWF’s pro-bono attorney.

If no decision is made, a trial date could be set. Both the Borough and WHWF have filed requests, known as summary judgements, detailing why the judge should rule in their favor without heading to trial.

The Borough contends in its court documents that the building should first be evicted from the land. It argues that WHWF’s claim to the land as a carry over from when it was owned by the state was invalidated when the building was transferred to WHWF from its previous holder, the Willow Area Community Organization (WACO), which sold the building to WHWF for $1 in 2006. Because WHWF has no permission to keep the building on Borough land, they have to move, the filing states. Furthermore, the documents state that after the eviction is complete, the Borough should be permitted to seek monetary damages and back rental fees for the land from WHWF.

But WHWF contends in their filing that the building, their organization, and the Borough have a long history together — and that nothing prior to a few years ago indicated that the transfer of the land from WACO to WHWF created an occupancy issue. Those facts combined with occupancy permission from the state when it held the land means the building should be permitted to stay, the documents state.

Sears said she could not further comment on the case because it is still pending. Willow-area Borough Assembly member Randall Kowalke referred questions to Sears.

Huston said he just wants the Borough to allow them to stay in their spot while treating his organization like any other community entity occupying Borough land.

“At the least we want the Borough to treat us like all of the other buildings in the community that are owned by one bunch and on Borough property — for the good of the community,” he said.