Harrison residents suing the city over its approval of a large annexation for a resort development had a victory this month.

First District Judge Benjamin Simpson ruled on Friday that the Powderhorn annexation can be petitioned and reviewed in court, which the city had contested.

"The judge had to decide if he had jurisdiction and we have the right to appeal the legality of the annexation," said Scott Reed, a Coeur d'Alene attorney who is representing the citizens with attorney Kathleen Kolts.

A total 91 citizens are participating in the suit. They are divided into two nonprofit corporations, one comprised of folks living in Harrison, and the other of people living on the Powderhorn Peninsula.

The suit contests the legality of the city council's annexation of 2,000 acres on the peninsula, which Powderhorn Ranch, Inc. has slated for a resort subdivision with golf courses and roughly 1,300 luxury homes.

Kolts said a city council can only annex property without a public hearing if the land is contiguous to city limits and if all landowners involved in the annexation consent.

"Neither of which they did (have)," she said.

The nearest land in the annexation is a mile from Harrison, the Hayden attorney said. And since part of the property belongs to the Coeur d'Alene Tribe, permission from that entity was necessary.

The judge will eventually decide by reviewing all legal documents surrounding the annexation, she added.

"I think we're going to win. This is math and science, it's not someone's opinion," Kolts said. "You're either contiguous, or you're not."

Harrison Mayor Wanda Irish said the city attorneys are handling the details of the suit.

She doesn't question the council's decision to annex last October.

"I feel that the city has done everything correctly," Irish said.

The lawsuit was filed several days after the annexation last year.

Kolts said she isn't surprised that so many residents have joined the lawsuit, considering how the Powderhorn development could impact the town of about 288.

"I don't think citizens think it's appropriate that that part of Kootenai County have two more golf courses and 1,200 luxury homes," Kolts said. "The citizens in that area are quite unhappy with the idea that this huge swath of land has been put into the city limits, which now requires the city to provide services."