A federal lawsuit has been filed against the City of Lead and its building inspector, alleging misuse of condemnation authority tied to a failing retaining wall.
Paul Miller, owner of the Miller Apartments in Lead, claims the city improperly condemned and evacuated his building in June of 2023 to pressure him into repairing a retaining wall that supports Washington Street. The city maintains the wall is on Miller’s property and his responsibility, while Miller argues it supports public infrastructure and should be repaired by the city.
The lawsuit alleges the evacuation was not tied to structural issues with the building itself and claims the city failed to consult an engineer before ordering residents out. It also cites unequal treatment compared to another retaining wall failure elsewhere in Lead that received city assistance.
Miller is seeking damages for financial losses and a court declaration that the city is responsible for the wall’s repair. City officials have not yet commented on the lawsuit.
