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Outlet Bay sues landowner

KEITH KINNAIRD | Hagadone News Network | UPDATED 6 years, 11 months AGO
by KEITH KINNAIRD
News Editor | May 30, 2018 1:00 AM

SANDPOINT — The Outlet Bay Sewer District is suing a Priest Lake landowner who is dodging a requirement that he tie into the district’s sewage treatment system.

Counsel for the sewer district filed the action against Rick D. Graves in 1st District Court on May 7, court records show. The filing seeks an injunction requiring Graves to hook up to the system, in addition to attorney fees and a $100 per day fines dating back to November 2016.

Graves, the suit alleges, was obligated to connect to the system due to a 1980 right of way agreement signed by the original owners of the property within the Lamb Creek Estates subdivision. The district spoke with Graves about the requirement in May 2016 and Graves indicated that he would follow through.

However, Graves instead applied for a sewage disposal permit from the Panhandle Health District, which was subsequently granted.

Steven Smith, the district’s counsel, argues the permit should be rescinded because Graves certified that his statements on the application were accurate and not misleading. The district contends Graves omitted the fact that the district’s sewer lines ran within 200 feet of his property, according to the suit.

Graves was put on notice in November 2016 that he could be facing a legal action if failed to submit hookup paperwork and pay a $3,000 fee, the suit said. He was also warned that he could face a $100 per day penalty for each day he remained unconnected to the system, the suit said.

In addition to the accrued fines, the district is seeking $2,500 in attorneys fees.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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