City Settles Suit Over Garage
By Doug Carder
The city of Osawatomie has reached a settlement with property owners Donald and Patricia Krueger over the disputed construction of a residential garage at the corner of Sixteenth Street and Brown Avenue.
The Kruegers filed suit against the city in fall of 2009 after both sides were unable to resolve a building dispute.
The city had issued a stop work order to halt construction of the garage because it did not meet city building codes which required the garage to be no more than 15 feet tall. The Kruegers contended that the city had signed off on their building plans.
Both sides reached a settlement on Feb. 3. The city agreed to pay the Kruegers $30,000, withdraw the stop work order and, upon the submission of plans complying with the applicable city codes and ordinances, issue a building permit with no additional fee to the Kruegers.
The Kruegers agreed to submit plans complying with all applicable city codes and ordinances associated with the construction of a garage with a height of no more than 15 feet and comply with all inspection requirements.
The Kruegers also agreed to release all claims against the city and its staff, and to satisfy any liens.
In a prepared statement, City Manager Bret Glendening said the settlement is by no means an admission of wrongdoing by the city of Osawatomie or any of its representatives.
“There came a point in time during this case that the insurance company felt that the financial risks to the provider in continuing to defend the case at the District Court level and possibly the state of Kansas Court of Appeals would have exceeded the final settlement price to bring this case to a close,” Glendening said. “After much thought, it was felt that settlement of this case was in the best interests of all parties involved. We are glad to have this case put behind us and have made adjustments internally to the review process to ensure a situation such as this does not happen again.”
Short URL: http://osawatominews.com/?p=882
Posted by admin
on Feb 16 2011. Filed under News and Updates.
You can follow any responses to this entry through the RSS 2.0.
You can leave a response or trackback to this entry