Lake Oswego Sued for Approving and Then Withdrawing a Building Permit for a New Residence
A family is suing Lake Oswego City for $158,500 after it approved plans for their new home and then withdrew permission for its construction three months later.
Owners Were Unaware of City Code Restrictions
Investment banker Shane Hubbell and his wife Kelly say in papers in the Clackamas County Circuit Court that plans for their single-story home showed it was 30 feet and 10¼ inches.
They were unaware of city codes restricting residential property heights in the area to a maximum of 30 feet.
The blueprints were signed off by senior development planner Jessica Morey-Collins on February 13, after which the building of the home commenced. However, 92 days later Morey-Collins advised that the building permit had been issued ‘erroneously.’
The Hubbell’s lawsuit is seeking $158,500 from the city – $75,000 for redesign, $65,800 compensation for time lost and inconvenience ferrying their children to schools in Lake Oswego while continuing to live in Northeast Portland, $10,000 for construction delays, and $7,000 for refinancing costs.
Property tax records show the value of the land and a 1950s-type home that was demolished to make way for the new residence at $630,000.