Federal judge rules for Indian Wells in hedge lawsuit

The City of Indian Wells has won the latest legal challenge against its residential hedge ordinance and enforcement policies.

At issue is a tall hedge on the plaintiff’s Indian Wells property.

City Manager Wade McKinney said he believes this latest victory marks the end of the plaintiff’s litigation because the dismissal was with prejudice meaning it cannot be appealed.

U.S. District Court Judge John A. Kronstadt ruled in favor of the city Monday to dismiss a complaint filed by Douglas Lawellin and Steve Rohlin, according to a statement by the city.

The couple had challenged the city’s right to enforce a 9-foot hedge height ordinance saying the city was unfairly singling their residence out for enforcement.

Lawellin told KESQ News Channel 3 / CBS Local 2 News he was shocked and disappointed by Monday’s ruling, and still believes the city’s ordinance is unconstitutional because it does not provide for due process or equal protection.

The city cited Lawellin and Rohlin’s 20-foot tall hedge for violating its hedge height ordinance in 2011.

Lawellin and Rohlin appealed the citation, but a judge later ruled for the city and ordered the tall hedge to be trimmed down.

The city says Lawellin and Rohlin ignored that order, and the city then won a court order to compel the hedge trimming.

Several appeals have been heard on the case since 2013.

McKinney said the couple was ordered in 2013 to repay the city approximately $135,000 in attorneys’ fees for the litigation costs.

McKinney said, “The City is responsible for enforcing the City Codes and protecting its neighborhoods and property values.”

McKinney said the latest ruling bars future litigation in Federal court because it’s already been settled in state court.

Lawellin tells KESQ News Channel 3 / CBS Local 2 News he just wants to sell his home, but currently cannot because of a lien threat from the city.