Feb 3, 2010 9:58 PM by News First 5

Judge orders homeowners to lower wall

It's a challenge to the cliche good fences make good neighbors. A judge has ordered a Colorado Springs homeowner to lower the wall in front of their home.

"Obviously they're disappointed," said Skip Morgan, the homeowners' attorney.

Last Friday, a judge ordered the homeowners to lower the $140-thousand dollar wall, including the pillars, to 6 feet.

The home is in the Old North End, a historic district with strict building rules.  Permits are also needed in the city to build walls over six feet.  Morgan says the homeowners didn't have one at first because they didn't think the wall was too high. The city told them they needed one.  They then went to the historic preservation board but were denied.  "They said that the wall was not consistent with the historic integrity of the old north end neighborhood," said Morgan.

"I'm opposed on principal to the idea that you can have your property rights voted away by a majority of your so-called neighbors," said Councilman Sean Paige. 

The Old North End is in Paige's district.  ."I'm going to be seeing what I can do to change the ruling, to give Mr. Christiansen some relief and also to let residents of the North End opt out of the historic preservation if they want to do that."

The homeowners have 45 days to decide whether to file an appeal.



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