Bella Vista owners fed up, sue council
Owners of two dangerous Bella Vista homes are suing Tauranga City Council.
Lee and Denese Konowe and Ron and Sarah McDiarmid were to file the suit yesterday at the High Court at Tauranga.
Theirs are two of the 21 houses deemed ‘‘dangerous or affected’’ by council, despite some houses having council code of compliance certificates or passing regular council inspections.
The Konowes’ house was awaiting the construction of a retaining wall before code of compliance would be issued, but they were permitted to occupy their house in the interim.
‘‘It was supposed to be our last house,’’ Lee said. ‘‘But we’re not allowed back in there and apparently it could all fall down on us if we do.’’ Lee said they became weary of waiting for council to act. They’ve engaged David Heaney QC as their legal counsel.
‘‘We were just sick of Tauranga City Council ruling our lives,’’ Lee said. ‘‘I don’t feel the council meeting on June 6 will have much bearing on whether or not council is legally liable and it was likely we would have to start the process anyway.’’
The McDiarmids say homeowners should be compensated market value plus money for the stress caused.
News of the lawsuit comes in the wake of a high-profile resignation from council. General manager of the Chief Executive Group Kirsty Downey announced her exit on May 25. Downey was appointed by vacating chief executive Garry Poole to lead a project looking into the development earlier this year.