COEUR d'ALENE — A Coeur d’Alene man claims he couldn’t build his home because of a sewer line on his property and has sued the city of Coeur d’Alene.

Rodney Mall filed the civil lawsuit in Kootenai County District Court on Feb. 2 and is asking for more than $10,000 in damages. According to court documents, Mall purchased property in 2015 and was informed after the fact that a sewer line would prevent him from remodeling and building on his land.

In the late summer and early fall of 2015, Mall began looking into purchasing property at 515 S. 18th St. in Coeur d’Alene. According to court documents, the man planned to purchase the property so he could remodel an existing home, add a garage with living quarters, and then move in.

Mall inquired with the city to ask whether the property would be “legally and physically suitable” for what he had planned.

“He specifically made these inquiries prior to making a decision to purchase it,” the lawsuit states.

During two meetings with city officials in October 2015, the lawsuit states, Mall was not informed of any issues associated with his plans for the property.

“At no time did any representative of the city indicate that a sewer line was running east to west through the property, and that it was in fact located underneath the existing home he had planned to remodel,” the suit states.

Mall purchased the property on Jan. 4, 2016.

In March, Mall went to the city for a permit allowing him to begin remodeling the home. Two weeks later, the lawsuit says, a city employee contacted Mall with questions about the HVAC system and was “advised by the city employee that he should receive a permit the following Monday.”

But no permit came.

According to the lawsuit, Mall made multiple inquiries with the city as to the status of his permit. Eventually, Mall was contacted by a city official who, according to the lawsuit, informed Mall he would not be issued a permit because there is an active sewer line running underneath the residence and where Mall wanted to build a garage.

“This was the first time Mr. Mall became aware of the presence of the sewer line through his property,” the lawsuit states.

In another meeting with the city, Mall was told a previous owner of the property had a building permit denied five years prior because of the sewer line. The city employee, according to the lawsuit, told Mall they became aware of the sewer line at that time, and they were aware there wasn’t any record stating the city had an easement through the property.

“He further stated that he had always meant to go back and file a notice so that the presence of the line would be indicated in the real property records, which would have given purchasers like Mr. Mall notice of the issue,” the lawsuit states. “However (the employee) stated that he just never got around to it, but now wished he had.”

The failure of the city to do its due diligence in relation to the sewer line, the lawsuit states, caused Mall to suffer financially. In addition to the more than $10,000 in damages, the lawsuit is also asking a judge for approximately $20,000 in attorney fees and to rule that the city has no right to maintain a sewer line on Mall’s property.

"Due to active litigation we can't speak to the details and must respect the court process," said Sam Taylor, Coeur d'Alene deputy city administrator. "But the city is confident it has continued to work hard on a resolution to this issue."