Council OKs settlement in roundabout lawsuit
Apartment owners to get $40,000 to mitigate for traffic change
Spokane Valley will pay the owners of an apartment complex $40,000 to resolve a lawsuit over construction of a traffic roundabout.
The out-of-court settlement was approved Tuesday night by City Council members following mediation after years of litigation over access restrictions to the Montgomery Court Apartments created by the roundabout’s construction.
The roundabout was built at the intersection of Wilbur Road, Montgomery Drive and Mansfield Avenue just west of Pines Road about seven years ago. Residents of the apartment complex were unhappy when they realized they no longer could turn north onto Wilbur to get into the complex when traveling eastbound on Montgomery.
Property owners Jon and Mary L. Gibson and Wesley and Jeanna Hill sued, arguing that the loss of left turn access constituted an illegal condemnation and uncompensated government taking of private property. The state Appeals Court disagreed in 2013 but sent the case back to Spokane County Superior Court to resolve arguments that the city reneged on an agreement to build a new access point to the complex.
Spokane Valley officials said the city never disputed that it would provide a new entrance but disagreement existed over how elaborate of an entrance taxpayers were expected to provide.
“We felt it was appropriate to pay a reasonable amount,” City Attorney Cary Driskell said.
The two sides agreed to mediation, which led to the $40,000 settlement figure.