COLORADO SPRINGS, Colo. — Attorneys for the owners of the Flying W Ranch have filed a lawsuit against the City of Colorado Springs over a council decision that allowed a controversial water tank to stand.
Colorado Springs Utilities Attorneys admitted it constructed the Wilson Water Tank 15 feet higher than its city permit this summer.
WATCH: HOW THE CONTROVERSIAL TANK GOT BUILT TOO TALL
The water tank sits above the Flying W Ranch in the Mountain Shadows Neighborhood and was originally supposed to be 45 feet tall. The tank, now constructed, stands at 60 feet.
City Council Members overturned an earlier planning commission decision to deny Colorado Springs Utilities' appeal to let the water tank stand.
The lawsuit, filed Monday, is calling for a judicial review of the city council's decision. The suit alleges that council members abused their discretion by acting in a "quasi-judicial capacity" and exceeded its jurisdiction.
City council members also serve as Colorado Springs Utilities Board members and in the suit, the attorneys note that dual role presented a "non-waivable conflict of interest" in the matter and hearing the appeal.
News 5 will continue to follow this lawsuit as it makes its way through court.
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