Firm Alleges Airway Heights Blocking Development In/Around: Airway Heights

Thu., Aug. 19, 1999

Mike Prager Staff Writer

John Barrier Industries Inc. has filed a lawsuit against the city of Airway Heights alleging the city has interfered with its development of an industrial park there.

The corporation is seeking a declaratory judgment and an injunction to stop Airway Heights officials from interference.

The complaint, filed earlier this month in Spokane County Superior Court, seeks monetary damages for alleged civil rights violations and inverse condemnation.

Defendants in the suit are the city, Mayor Brian Grady, City Administrator Gordon Howell, three other city officials and their wives.

Cynthia McMullen, attorney for Airway Heights, said the city wants to allow the Barrier development, but it is requiring that it meet city building standards.

“Like any citizen, there are certain rules and regulations that need to be followed,” she said.

According to the lawsuit, the city stopped construction of a 1,600-square foot building for offices and storage earlier this year.

The city then required a detailed plan for the entire 80-acre site, including drainage, emergency vehicle access, building specifications, easements, parking and fire hydrant placement.

Barrier alleged that an earlier plan submitted to the city was lost by city officials.

Barrier also alleged that his industrial park is governed by a 1993 agreement with city officials that guaranteed his right to develop the property.

In exchange for the agreement, Barrier installed a water line and gave a 10-foot easement across his property, the value of which was set at $233,000.

Barrier Industries has demanded that the city remove the water line, but the city has not done so.

In 1994 the city adopted more stringent building regulations.

Barrier argues in the lawsuit that the 1994 amendments do not apply to his property because of the 1993 agreement between the city and Barrier Industries.

“When plaintiffs have asked what they have to do to be permitted to proceed, they have been given conflicting, evasive and contradictory responses,” the lawsuit said.

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