Warrant issued for developer

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POST FALLS - Post Falls Landing developer Harry Green has a warrant out for his arrest, in addition to being sued and facing bankruptcy.

Kootenai County records show Green, 63, is wanted for failure to appear for selling alcohol without a license at the marina of the 33-acre, multi-use project on the Spokane River next to the Post Falls Dam. The Landing has been billed as an anchor for the city center.

Green's bond is $5,000 and the warrant was issued on Jan. 12.

"If he would be contacted today (by police), he'd be arrested and booked into jail," Post Falls Police Chief Scot Haug said.

Wanted persons also have the option of seeing a judge to "quash" their warrants through the court process.

Haug said Green and his attorney contacted him last summer about the charge.

"(Green) had some reasons (for not operating with a license), but I explained that a summons would still be issued," Haug said.

Green and his attorneys have declined to comment on matters regarding the project.

Liberty Bankers Life Insurance Company, a creditor on the Landing project, is suing Green, his wife Jann and his dissolved Spokane corporation, The Point at Post Falls, LLC, for $8.2 million.

The suit came after Green filed Chapter 11 corporate bankruptcy on Dec. 19, the morning an auction sale on the property was scheduled. The bankruptcy canceled the sale.

In the bankruptcy case, Green sought permission from the court to obtain attorney Ford Elsaesser for $375 per hour, attorney Bruce Anderson for $325 per hour and support staff $95 per hour to represent him.

However, Lukins and Annis, the firm representing Liberty Bankers, last week filed an objection, stating those rates are "excessive and not commensurate with attorney's fees in the District of Idaho."

"Debtor (Green) has set forth no explanation as to why its counsel is warranted in charging hourly rates that substantially exceed what the court has previously ruled to be reasonable in this district," the filing states.

A hearing on the objection, along with Liberty's request to determine whether Green will be considered a "single asset real estate" debtor, are set for March 13.

Liberty is trying to prove that Green is not a single asset debtor, which would remove protections from creditors and allow them to try to liquidate the assets to get paid.

Lindsey Simon of Lukins and Annis declined to comment on Monday.

Post Falls Landing has been in the works for 10 years, but only two condo buildings and the marina have been built. Retail shops, a hotel, an amphitheater and more residential units are also part of the plan.

Some condo owners said they are upset that a garage has not been built as Green indicated would be and their property values have declined due to slow activity in the project.

The Post Falls Urban Renewal Agency also reimbursed the project about $1.5 million for infrastructure improvements such as streets, lights and curbing in hopes of sparking development in the city center. The agency paid the lending bank, not Green, for the cost.

Another pending issue with the project is a quarter-acre land swap proposal between Green and the city that has been in the works since 2007.

The city owns property where tanks to the marina's gas station sit. Green, meanwhile, has a similar-sized parcel that has a view of the dam that the city is interested in for a park area.

Eric Keck, Post Falls city administrator, said the city is trying to work with Green's attorneys and the bankruptcy court to get the exchange finalized.

"However, I am not sure if we will be able to do this or not as I have not heard anything back," Keck said. "I provided them with the agreements related to the exchange."

City officials said they are uncomfortable subsidizing private enterprise and are frustrated that a permit for the tanks on city property was issued because no one from the city signed off on putting tanks in there.

Mayor Clay Larkin signed the documents earlier for the swap, but Green didn't.

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