Troy and Gina Bundy, the West Linn couple who went to court over their backyard swimming pool, were found guilty Tuesday of building in a wetlands area without a permit.

West Linn Municipal Court Judge Heather Karabeika's ruling comes nearly three years after the battle between the Bundys and the city began.

The Bundys could face fines, required removal of the pool, or a combination of the two.

The Bundys and the city will submit their recommendations for resolving the case. Karabeika may decide the matter at a Sept. 20 hearing.

"There was ample evidence presented that the Bundys were well aware of the need for the city's permit to make the modifications they wanted to their property given the wetlands/water resource area issue, and yet they proceeded to build on their property without one," Karabeika concluded.

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Troy and Gina Bundy contended they were misled by city officials when they sought a building permit. Ultimately, the city denied the application. The Bundys went forward with the construction of their 1,100-square-foot pool, the city pushed back, and attempts to reach a negotiated settlement repeatedly failed.

In June,

.

The judge ruled the city failed to file the citations within the required time limit, citing the six-month statute of limitations. As a result, the maximum fine the Bundys could receive is $360,000.

"We are pleased that they were found guilty," said West Linn assistant city manager Kirsten Wyatt. "We are going to look ahead, and wait and see what happens at the sentencing hearing before determining our next steps."

Community Development Code

The Bundys were found guilty of violating

which states: "No person shall be permitted to fill, strip, install pipe, undertake construction, or in any way alter an existing water resource area without first obtaining a permit to do so from the decision-making authority, paying the requisite fee, and otherwise complying with all applicable provisions of this ordinance."

The Bundys testified that they wanted to sell their home but changed their plans as real estate prices fell in 2007 and 2008. They instead decided to stay and improve their home with a new in-ground pool.

When their attempts to obtain a permit stalled, the Bundys contacted then-mayor Patti Galle, who they said showed up at their home unannounced one day to see the yard. Galle, the Bundys claimed, gave them the green light for their pool. "She said, 'there's no reason you need a permit ... you deal with me directly,'" said Troy Bundy, an attorney who represented himself and his wife.

Karabeika wrote that the evidence showed the then-mayor had no authority to give Bundys the go-ahead. "Further, Mr. Bundy is an experienced attorney and should have been wary of proceeding in this fashion to make modifications on his property without the city's approval in advance," the judge wrote.

Troy Bundy testified that he couldn't immediately remove the pool, because first, he would need a permit.

The Bundys did not immediately return a call for comment.

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