Appeals court rules for Tuscan Ridge developer

The Washington Court of Appeals last week upheld the dismissal of a lawsuit by south Spokane residents upset over the closure of hiking and mountain biking trails by the owner of land near Hangman Park .

Quail Ridge Annex LLC, John E. Lynch and William P. Lynch had sued landowner Yong Lewis for closing longstanding trails on the hilly property, located near Hatch Road and West 57th Ave., where Yong planned a 100-unit condominium development. The plaintiffs alleged Lewis promised to keep trails open in a city application for development, but put fencing along Hatch Road during geological testing on the roughly 25-acre parcel. They asked for a “prescriptive easement” over the trails and a court order restoring them.

A Spokane County Superior Court judge dismissed the initial compliant, finding the neighbors couldn’t claim a public right to use trials on the vacant property. The appeals court agreed (decision here ).

The Spokane City Council late last year upheld the hearing examiner’s decision to allow the controversial development, called Tuscan Ridge.

The homeowners association for Quail Ridge, a gated community north of the disputed property, had appealed the decision, contending the development could destabilize the steep hillside and undermine their properties.