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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Tunnels Won’t Clog Complex But Property Line Dispute Another Hurdle For Developers

Kristina Johnson Staff Writer

Two narrow and undesirable tunnels shouldn’t delay plans for the largest apartment complex in Spokane, says a city traffic study.

The railroad tunnels across Thorpe Road have “adequate capacity” to handle the traffic created by Mission Springs - a 790-unit apartment complex planned for southwest Spokane, the report says.

City Council members blocked the project’s construction permits in June until Mission Springs’ effect on the tunnels was studied.

But an ongoing legal dispute over the project’s property line may make the traffic argument moot, Pat Dalton, a city attorney, said Thursday.

“There is real question about whether (Mission Springs developers) own all of this particular plat,” Dalton said.

A traffic study slated to be unveiled to the City Council on Monday says tunnels are “narrow, obviously undesirable and present a significant traffic constraint,” but shouldn’t hold up the project.

Councilwoman Phyllis Holmes, who pushed for the traffic study, has mixed feelings about its result.

Despite the study’s findings, Holmes said she still worries that the tunnels are dangerous.

Dan Clardy, the project’s manager, said he hopes the report forces the council “to issue the permits we’re entitled to.”

Thorpe-Westwood residents for years have complained about the dangers of adding traffic to the narrow tunnels.

Bruce Steele, the city’s traffic engineer, said while he understands their concerns, “It’s absolutely safe.”

Even with the all-clear from the traffic department, the future of Mission Springs is uncertain.

Last year, Dennis and Yvonne DeBill sued the city and the developers, arguing that part of the land included in the Mission Springs project belonged to them, Dalton said.

Superior Court Judge Kathleen O’Conner ruled in the couple’s favor, but the ruling was never put in writing, Dalton said.

Attorneys for both sides plan to reargue the case soon.

O’Conner was in court Thursday and could not be reached for comment.

Attempts to reach the DeBills and their attorney, John Riley, also were unsuccessful.

Dalton, who earlier argued against the family’s claim, said his recent review of the case may have changed his mind. In fact, he uses the DeBills claim to fight a lawsuit filed by developers against the city.

Mission Springs developers sued the city in July for blocking the project’s construction permits, claiming the council is unlawfully delaying the project.

If the DeBills prove to own part of the property, the project’s plan is invalid, which also invalidates the developers’ suit, Dalton said.

Clardy calls the city’s argument just another “fantasy” aimed at delaying the project. “There’s no question in my mind” Mission Springs will win both suits, he said.

Also in Dalton’s legal response to the case, he raises concerns about whether the city has any right to issue permits to Clardy.

Last year, Don Troppmann, who represents Mission Springs owner Richard Lugli of Sacramento, Calif., told the council Clardy was no longer involved in the project.

Troppman of Sacramento didn’t return phone calls Thursday.

Clardy, who was convicted of two federal income tax felonies in California several years ago, said he resigned from the project two years ago because his wife was ill.

He returned late last year after numerous delays had halted Mission Springs’ progress.

Lugli was seriously injured in a car crash in late 1993.

In March 1994, the U.S. Department of Housing and Urban Development withdrew $12 million in loan guarantees for the first phase.

Two months later, the city revoked all the project’s building permits because developers failed to continue work at the site.

The city’s claim is “just another rock they’re trying to throw at us,” Clardy said. “That’ll be resolved, too.”

, DataTimes MEMO: What’s next The Spokane City Council will discuss the future of Mission Springs at 6 p.m. Monday.

What’s next The Spokane City Council will discuss the future of Mission Springs at 6 p.m. Monday.