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Missoula man sues city over sidewalk work

By Scott Zoltan, KECI Reporter, szoltan@keci.com
Published On: Aug 06 2013 07:20:52 PM MDT
Updated On: Aug 06 2013 10:02:14 PM MDT
MISSOULA, Mont. -

A Missoula man, Robert Hubble, filed a lawsuit against the city of Missoula on July 26, alleging the city imposed on his property by replacing his functional sidewalk and charging him thousands of dollars, among other complaints.

Hubble lives on East Beckwith Street, and in a letter the city had sent Hubble back in 2011, the city claimed a crew replaced the sidewalk as part of an effort to provide more safe walkways, thereby improving air quality.

Hubble’s attorney argues that the work didn’t improve the value of his home, so he shouldn’t be responsible for the work individually, if it’s under the pretense of offering something to the whole community.

The complaint alleges that in July, 2011, Missoula “began demolishing the sidewalk abutting Hubble’s property,” and removed and replaced it. It also claims that the city demolished and removed Hubble’s driveway, and that the removal of Hubble’s driveway “interfered with his access to his property and with his rights as a property owner.”

Hubble requested the driveway be replaced, and alleges that the new driveway is not wide enough. The lawsuit alleges that the city sent a bill to Hubble for “final construction costs for the sidewalk, curb, and driveway totaling $4,001.82.”

On Tuesday, Missoula city attorney told Jim Nugent told NBC Montana the case was sent to the Montana Municipal Insurance Authority, but said he couldn’t comment on the specifics of the case, as it’s a pending lawsuit.