Tuesday, September 10, 2013

Coeur d'Alene Press: Lawsuit to Block High-Rise Condos Dumped

Posted By on Tue, Sep 10, 2013 at 4:00 PM

The City of Coeur d’Alene prevailed last week in a lawsuit that was filed to stop a downtown high-rise condominium project on the corner of First Street and Lakeside Avenue. The judge dismissed the suit filed by the Coeur d’Alene North Homeowners View Preservation, LLC, on Sept. 5. 

The plan is to build a 14-story condominium with the ground floor devoted to commercial space. According to this morning's Coeur d’Alene Press, the complaint stated that its construction would destroy views of Lake Coeur d’Alene, Tubbs Hill, City Park and the city of Coeur d’Alene for residents who have lived there for almost 30 years.

The initial lawsuit was dismissed last spring because the homeowner’s association did not have standing to sue the developer, as an individual resident would have. So another local resident filed suit, asking the city to conduct an analysis to determine how much value their condos would lose with obstructed views. Their attorney said values could decrease by more than $1 million.

But that suit was dismissed last week because the judge found that without some final action from the city—like issuing a building permit—the court can’t order the analysis.

The suit may be brought once more, once a building permit is issued.

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