Developer Files Land-Use Petition Against City Over Sewer Hookup

A Spokane developer has filed a petition against the city of Spokane in a discrepancy over whether or not the city is responsible for connecting a piece of his property to its own sewer system.

Attorney’s for developer Lanzce Douglass filed the land use petition last week after the city hearing examiner rejected an earlier appeal by Douglass.

The city said Douglass’ parcel sits outside the city and should be connected to the county’s sewer system, according to Superior Court documents.

Douglass is the owner of a 39-lot planned unit development called the Park on Calispel. He wants to develop the land west of Costco on North Division.

The PUD property is located outside the city limits. The land rests in the Cozza area. However, Douglass applied for city sewer service which was initially approved by the city, according to Murphy.

“Throughout 1996 and 1997, Douglass worked continuously with the city engineering department to coordinate its Calispel (PUD) design with the planned connection with the city’s sewer system,” Murphy wrote in the petition.

During this period, the city never indicated that it intended to deny access to the city’s sewer system. The record shows that the city had full knowledge during the Calispel planning and design process that Spokane County was planning to develop the Cozza sewer infrastructure, Murphy said.

Yes and no, said a senior engineer with the city.

“At the time the county did not have a final plan for its sewer system,” Tom Arnold said. “We knew they were developing one, but we didn’t know when that area would be serviced.

“Now sewer service through the county is available. So we can’t extend service to Mr. Douglass without permission from the county,” Arnold said. “If I’m not mistaken, the county’s sewer line is just 50-feet from his lot.”

Douglass applied to the city last year for a construction permit, including a permit to hook up to the city’s sewer service. The city approved the request and issued a construction permit for the Calispel project on July 2 last year, Murphy said.

“The city’s letter conditioned granting of a permit to connect to the city’s sewer system upon payment of a $20,610 ‘Lincoln Road Trunk Sewer Connection Charge,”’ according to Murphy.

He said the city imposed the condition despite the fact the Calispel property is miles west of Lincoln Road.

A delay in construction forced Douglass to submit a second permit application in March of this year. The city made a “verbal decision” to deny the permit, claiming that Spokane County was the proper service provider, Murphy said.

Douglass appealed the city’s verbal decision claiming that the city refused to provide a written explanation of its refusal to provide sewer service.

The Hearing Examiner sided with the city claiming the city had the “option” to provide sewer service to the Cozza area “on its own terms.”

In 1985 and 1986, the Spokane County Boundary Review Board approved the city’s application to permanently extend service to a portion of the Calispel property.

Murphy asserts that since the board’s decisions, the city has “repeatedly and consistently held itself out as the sewer service provider for the Calispel area, and has provided sewer service to every requesting party within the subject area.

“The city cannot hold itself out as the service provider to the area, providing service to some residents, such as Costco, while arbitrarily and capriciously refusing to provide service similarly situated residents such as Douglass,” he said.

Said Arnold: “The simple matter is that the county can now provide service. That’s the difference in our minds.”