A West Linn couple who have fought for more than two-and-a-half years to keep their backyard pool,

constructed without a permit in a protected wetland area, now face a $2,000-a-day fine and a court date.

this month issued citations to Troy and Gina Bundy imposing a fine retroactive to November 2009 for every day the 1,100-square-foot pool remains on their Ninth Street property. West Linn also seeks compensation for staff and legal costs.

On Wednesday, the Bundys pleaded not guilty to prohibited use of a water resource area, and a trial is set for August in West Linn Municipal Court. Troy Bundy, an attorney, will represent himself.

As the dispute drags on, the stakes keep climbing.

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They didn't get a permit, Bundy said, because then-Mayor Patti Galle assured them it was a formality they could work out later.

, the Bundys quote Galle as telling them "go ahead and put in your pool." Galle later denied making the statement.

When they applied for the permit, however, both the city planning director and city council denied the application. The city wanted the Bundys to remove the pool and restore a wetland behind their home, where fill from the pool was dumped during construction. The Bundys last year said they spent about $50,000 in lawyer fees on appeals and $2,500 to install wetland plants in an attempt to appease the city.

They also attempted to reach a negotiated settlement.

Those talks failed, and the Bundys now face the prospect of another potentially expensive legal fight.

The Bundys did not return phone calls last week, and when reached at their home, declined to comment. A year ago, Troy Bundy said he still hoped to reach a compromise.

"I'd be happy to pay a fine that's reasonable," he said. "I'd be happy to invest in a wetlands that's actually sustainable. I'd be happy to put the money wherever they want me to put it on their behalf. But what I'm saying is, let's exercise some common sense. This pool doesn't hurt anyone. It's on my property. I've bought the land. What more do you want?"

The Bundys bought their home in 2003 and finished their pool in the fall of 2009 on property located between two wetlands. The home is valued at about $533,000.

Kirsten Wyatt, West Linn assistant city manager, said the city imposed the fine after negotiations stalled.

"In West Linn, our community development code is a reflection of our values in regards to protecting the environment and personal property rights," Wyatt said. "It is our duty to uphold the code."

Wyatt said the city looks to recoup "tens of thousands of dollars" from the Bundys for staff and attorney time. "City costs continue to mount," she said. "This is one more step in what we expect to be a longer process toward a resolution."

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