Firm files suit over wetlands claim

OLDTOWN — The developers of a planned daycare center are suing over a real estate transaction in which they claim they were misled about the presence of wetlands on the property.

Children’s Learning World brought the suit against James and Bobbi Ward on May 17, according to 1st District Court records.

Counsel for Children’s Learning World, Susan Weeks, said the company acquired a parcel from the Wards in 2015 so it could construct a daycare center. Prior to the sale’s closing, representatives from the company specifically asked the sellers if there were wetlands on the property. The sellers advised that there weren’t, which factored into the company’s decision to purchase the parcel.

“The representation was false. The property is wetlands,” Weeks said in the civil complaint.

The suit alleges fraud via intentional misrepresentation, breach of warranty and violation of the Idaho Consumer Protection Act. However, the suit also includes an alternate pleading which holds that all parties made the mutual mistake regarding the presence of wetlands, court records indicate.

The court action seeks to nullify the sales contract, restitution and unspecified damages.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.