Shorewood Citizen Advocates

Building positive change through communication, education and advocacy

A Vague Ordinance & Selective Enforcement = Losing Lawsuit for Shorewood

Revised February 26, 2024

Note: This content has been archived and may no longer be accurate or relevent

In 2016, Alex and Elena Ugorets requested a permit to create an access point from Timber Lane (in Shorewood) to their backyard–which is in Tonka Bay.

Ugorets maintained that their house, situated in Tonka Bay, was built to Tonka Bay guidelines. As a result, the side yards were too narrow to allow a vehicle to pass to the back yard. They needed a way to occasionally deliver building materials and access the underground rear garage, for vehicle storage.

Shorewood’s attorneys alleged that the Timber Lane access point was in violation of City Code. Although it does not appear to be specifically cited, it would be 1201.03, (e)-(j). Even so, city staff provided a list of criteria the Ugorets must meet, if the Council approved. Ugorets argued that the list was too restrictive. The Council subsequently denied the request.

A month later, neighbors reported that Ugorets had delivered a load of gravel onto the ROW between Timber Lane and their property. The City ordered them to remove the gravel.

Move forward to 2019 and the Timber Lane neighbors report Ugorets for continuing to use the access point, even after City denial. In response to the neighbors, the City installed wooden “bollards” along the west side of Timber Lane, consequently blocking Ugorets completely from the back of their property.

Subsequently, Ugorets filed a suit in U.S. Federal Court. On 9.29.23 the Court ruled in favor of Ugorets awarding $80,000. The costs of the suit will be covered by the City’s insurance. However, the $80,000 will be paid from Shorewood reserve funds. The Council approved the settlement on 10.23.23 via the Consent Agenda, and Ugorets agreed to no further action.

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