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The couple have been battling over the pool with the city of West Linn for several years. The pool and a patio were installed without a permit in a sensitive water resource area. Their house, located at 1215 Ninth St., is sandwiched between two wetland areas. Since 2001 — two years before the Bundys moved in — the city has had a conservation easement on the property that also limits its use.

I have no sympathy for these people whatsoever. Regardless of what I think of "wet-land" laws, the restrictions and permit requirements are a matter of public record and therefore, they knew or should have known about the restrictions and limitations upon the real property and the requirements for installing a pool before they brought the place. A standard title search should have disclosed the information and if they didn't understand the title report, then I'm willing to bet that they closed on the propery without an attorney.

The Bundys admitted in court that they installed the pool and the patio on their property before receiving the proper permits. After an application was submitted, city staff members denied the permit. The Bundys then took the appeal to the city council and then to Oregon’s Land Use Board of Appeals. The denial was upheld each time.

They took a chance and lost and now they are whining about the consequences. I have been practicing land use litigation for almost thirty years and municipalities often hire me to prosecute code violations. I deal with these type of people all the time: They think the law doesn't apply to them; they do what they want when they want without concern for the law, their neighbors, public safety, or anyone but themselves; and they refuse to negotiate in good faith; and when the municipality finally decidesd to enfoce the law, they cry and whine and complain about how they are being unfairly targeted. Cry me a river.

The following is from— http://www.koinlocal6.com/news/local/story/OR-Wetland-Swimming-Pool/1YI4u9v-uUm4IxFd-yoRWQ.cspx

In a story first reported by KOIN, the Bundys built their backyard pool in 2009. The couple says the city and mayor gave them every indication the pool was OK to build, even though their backyard was next to wetlands. Three years later, the couple told KOIN they were getting retroactive fines from the city to the tune of $2 million, potentially making this the most-expensive pool in the Pacific Northwest. That’s when the Bundys took this issue to West Linn municipal court.

According to West Linn Assistant City Manager Kirsten Wyatt, “we generally say that you cannot build a pool within a water resource area.”

However, Wyatt clarified that the Bundys’ site is not in but rather near an area designated as wetlands. That being said, she contends that the Bundys “took the fill from the pool and dumped it into the wetland.”

“Generally, citizens need a ‘water resource area permit’ if building [near] a wetland or setback area,” Wyatt said. “They applied, after the pool was installed, for the permits; they did go through a series of steps related to permitting and process.”

In the end, she tells KOIN, “the pool did not meet the kind of criteria required for a pool to be in that area.”

Yes, how foolish to think if they bought property they could improve it to suit their needs. They simply bought the right to pay the taxes.

BTW, I didn't see any mention of the harm to the “wet land” or the public interest mentioned. Just “da rooz”.

Maybe they can file bankruptcy and leave the county a house that can't be sold or taxed.