Cheney may gain Myers parcels

Cheney could get the property that was once Myers’ Mobile Home Park and some land owned by Thomas E. Myers in Spokane if the city wins its case in the Court of Appeals later this summer.

The city council agreed to enter into a general release and settlement agreement with Myers, the owner of the mobile home park, which was closed last year after a long battle between the city and Myers.

There are four cases pending in the state and federal courts. In 2004, the city began criminal proceedings for violations of the municipal code. Myers was convicted of 51 violations and a fine of $255,000 was imposed on Myers. That case is currently before the Court of Appeals.

In 2007, Cheney began criminal proceedings for violations of the municipal code and Myers was convicted and fined $279,000. That case is on appeal in Spokane County Superior Court.

That same year, the city issued 720 civil infractions for violation of the Cheney Fire Code for not installing fire hydrants in the park. Myers was fined $369,000. The case is on appeal in Spokane County Superior Court.

The fourth case was instituted by Myers in October 2007, which was a “cause of action for civil injunctive relief,” according to the agreement. The case was filed in the U.S. District Court, Eastern District of Washington and is currently stayed by the court pending the resolution of the state cases.

This agreement states that the city and Myers will hold off on all cases before the Spokane County Superior Court and the case before the U.S. District Court until the case before the Court of Appeals has been decided.

If the city wins in the Court of Appeals, Myers could take the case to the Washington Supreme Court. If the case is denied or the city wins, Myers will dismiss all pending court cases against the city and will not file any further cases.

Myers will also release Myers’ Park to the city as well as some land at 1517 W. Broadway Ave., Spokane. The city is now holding the deeds to these properties in trust.

If Myers wins in the Court of Appeals, the other cases will continue in the courts.

Stanley Schwartz, city attorney, said this is a good agreement for the city, stating that if they win, the city gets the land.

“If we lose, we’re simply back to the status quo,” Schwartz said.

The case should be heard in front of the Court of Appeals later this summer.

The next Cheney city council meeting will be held June 23 at 6 p.m. in City Hall.