Douglass’ Lawsuit To Be Heard

An initial hearing has been set for March 12 in a developer’s lawsuit against Home Depot, Country Homes Builders and the city of Spokane.

The complaint, filed by Harley Douglass, alleges traffic congestion created by construction of Home Depot near the Division Street Y will make it economically impossible to develop his nearby property.

Home Depot is being built on the east side of the Newport Highway, bordering Hoerner Avenue.

Douglass has an option to buy the Red Barn property, also on the east side of the highway, across Hoerner from Home Depot.

Douglass’ attorneys claim access problems created by Home Depot will lead to gridlock at the intersection of the highway and Hoerner.

In the lawsuit, Douglass contends the city has failed to require Home Depot to address future traffic congestion at the Y. As a result, responsibility for traffic problems will fall fully on developers of the Red Barn property.

Attorneys claim Home Depot will reduce access to other properties in the area, including Heritage Village, Wendle Ford and Burger King.

Heritage Village, across the street from Home Depot, has filed a complaint of its own, citing issues similar to Douglass.

The city approved the project and issued permits despite the potential Saturday afternoon traffic nightmare, according to court records.

Attorneys for Home Depot and Country Homes, which is building the 130,000-square-foot store and garden center, say traffic won’t be a problem because drivers will seek other routes. Their attorneys, who say there is no merit to the suit, are expected to ask the judge to schedule a summary judgment hearing.

The city approved the Home Depot project with mitigating measures in late summer. Douglass appealed to city hearing examiner Greg Smith, who sent the project back to the city to address traffic concerns.

During the appeal process, the city issued a grading and excavation permit. No building permit was issued at the time, but Country Homes Builders moved ahead with construction.

The motions are scheduled to be heard March 12 in front of Spokane County Superior Court Judge Michael Donahue.

, DataTimes