REDMOND, Wash., Oct. 5, 2000 (Eastside Journal) — A dispute between a Redmond couple and the developer of a new 133-home subdivision over access to a sewer pipeline may have to be decided by the courts after all.
For now, work on the proposed sewer pipeline to serve the Northstar subdivision on the north slope of Education Hill is on hold.
The subdivision developer, Lozier Homes of Bellevue, filed a lawsuit against Tim and Christie Federspiel Tuesday, seeking damages caused by the delay. Lozier also obtained a restraining order, prohibiting the couple from interfering with construction.
Meanwhile, the Federspiels are considering a countersuit for breach of contract.
"It's just an unfortunate situation," said Mike Levy, president of Lozier Homes, adding that work at the site has been suspended.
"I'm disappointed in the fact that we've worked real hard ... unfortunately, they don't want the line to go through," he said.
The Federspiels say the blame lies with the developers.
"We've lived here 12 years and we didn't invite any of this," Tim Federspiel said.
"The problem really is that we have a contract and they don't want to honor this contract," he said.
Lozier has been planning to build the subdivision on 33 acres along Northeast 116th Street, south of the Federspiel home on Redmond's northern border.
The developers received permission from the city last year to develop the subdivision, provided that a sewer line be built to connect the homes to a nearby sewage treatment plant. The pipeline would need to pass through part of the Federspiels' 3-acre property in order to meet city specifications.
The couple initially opposed the plan, but finally relented to a settlement because the city threatened to condemn a portion of their property and put the sewer in anyway. Redmond has been keen on seeing the pipeline installed because subdivisions to be constructed in the area in the future expect to connect with the sewer pipeline.
Under the settlement, Lozier agreed to install about 400-feet of pipeline under the couple's property using a boring machine.
But a problem arose a few months ago when Redmond inspectors checked the completed pipeline. Instead of a straight pipeline, the inspectors found one that had a "hump" over where it encountered some rocks.
City engineer Bill Campbell said the pipeline was not acceptable because the malformation would likely collect debris and cause the pipeline to clog.
Lozier said the only way to correct the problem was to dig a trench and fix the trouble spot. Crews attempted to do that last Monday, but Christie Federspiel called King County police to stop the crew. By then, a few trees had been felled.
Levy would not comment on the situation, saying it is under litigation.
In the lawsuit filed before King County Superior Court, however, Lozier argued that the Federspiels promised not to interfere with the construction of the pipeline. The developer argued that the couple was also aware that some excavation would have to be done.
The Federspiels disagree. They said the contract should be re-negotiated before any digging.
"The only reason we agreed to the contract is because they said they were not going to dig any trenches," Tim Federspiel said.
"Right now, I'm feeling pretty numb," said Christie Federspiel. "I really think that we have a right to stop something that's not in the contract."
Herbert Atienza can be reached at mailto:[email protected] 425-453-4248.
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