Developers want judge to overturn city’s ruling

The case of the gates of a Five Mile bluff subdivision is going to Spokane County Superior Court after more than a year of legal action at Spokane City Hall.

James Greenup and the Southeast Horizon LLC are seeking to overturn a City Council ruling that prohibits the installation of gates at a proposed 57-lot subdivision near Five Mile Road. Greenup is the managing member of the LLC.

The city hearing examiner in January 2004 approved the planned unit development, but ruled that the city’s comprehensive land-use plan does not allow gates to control access to subdivisions. Developers have been seeking to challenge the hearing examiner’s interpretation of the comprehensive plan.

The City Council in October affirmed the hearing examiner’s ruling.

Meg Arpin, attorney for the developer, said in the lawsuit that the comprehensive plan does not prohibit gates, and she is asking a judge to overturn the city ruling.

Neighbors living near the proposed subdivision have filed a separate appeal in Superior Court seeking to overturn a portion of the hearing examiner’s ruling allowing access to the development from the residential area to the west. Neighbors are concerned about traffic flowing through their neighborhood as well as increased traffic on Five Mile Road.