The suit was filed in early October by Kenneth and Sandra Flores. Besides the city, it also names the Elliott Workgroup and the firm’s principal, Craig Elliott, who designed the home.
The litigation says that in 2013, the couple bought a lot in the Finnegan’s Bluff Subdivision, located off Highway 224, a short distance north of the U.S. Post Office.
The Floreses applied for a building permit for a three-story home on Saddle View Way and received an approval in the fall of 2019.
But in May of the following year, after construction of the house was well underway, the city notified the couple that some of their neighbors had complained; and the city determined the original approval was a mistake, because it could violate ridge line requirements in the city code.
According to the lawsuit, city representatives asked the Floreses to voluntarily redesign and rebuild the home; and to agree not to contest the city’s revised ruling. If that occurred, the city said it would reimburse the couple for the costs of the revised project. The new plan removed the third floor and expanded the foundation, which, the suit says, significantly reduced the Floreses’ useable land and scenic views.
The revised design was approved by the city in July of 2020. But the suit says that, despite entering into a formal Redesign Agreement with the couple, the city has not reimbursed them for costs including architectural design, engineering, and legal, insurance and construction expenses.
The Elliott defendants, who also designed the revised home, have been sued for breach of contract and negligence. The litigation argues that the firm was obligated to design the original home to comply with all government restrictions, including ridge line rules.
The lawsuit has not specified damages except to say they are greater than $300,000.
Responding on Wednesday to the lawsuit, City Manager Matt Dias said the city had worked diligently with the owners and their representatives since the issue came up and they appreciated the decision by the Floreses to apply for an amended, corrected building permit.
He added, “The community’s response to the revised design, which is now in compliance and near completion, has been extremely positive. It is disappointing that, despite the collaborative effort, a suit was filed that will consume more city resources to defend.”
Dias said nonetheless, the city will vigorously defend itself against the lawsuit.
KPCW reached out to the Elliott Workgroup for comment and have not yet received a response.
