By Dennis Box-The Courier-Herald

The legal stare down between Brookwater Homeowners Association board members and the Lowe's developer has come to a crossroad and it appears the parties are lining up for a head-on collision.

The association's lawsuit, attempting to halt the Lowe's project, has drawn a counter suit from the developer asking for up to $5 million in damages.

If the counter suit is successful it could potentially bankrupt the association and strip it of all its holdings, according to sources close to issue.

In response to the counter suit, the association filed a plaintiff's motion for summary judgement Friday in Pierce County Superior Court through its attorney, Kelly DeLaat-Maher of the Tacoma law firm Maher, Ingles, Shakotko and Christensen.

Board President Cecil Sidwell could not be reached for comment.

Lowe's is planning to build a 139,000 square foot store and a 32,000 square foot garden center, with about 75,000 additional square feet for other retail stores on about 18 acres located across from Albertsons at the corner of South Prairie Road and state Route 410 East.

The association filed its initial lawsuit Aug. 13 in Pierce County Superior Court seeking to stop a commercial driveway crossing a residential lot and a monument sign. The association stated in the legal document the driveway breaches the association's CCRs (covenants, conditions and restrictions).

The counter suit was filed, asking for damages from violation of rights and delays to the project.

A letter was sent to the Brookwater homeowners last week by Jeff Oliphant, president of Bonney Lake Marketplace Developer, the firm building the shopping center.

In his letter Oliphant wrote, &#8220We strongly disagree with the Association's suit. We believe that our access is lawful and proper in all respects. We followed the Brookwater CC&R's and the easements that predate the Brookwater plat; we followed all City requirements; and we also followed the requirements of the law.”

The letter goes on to state, &#8220We do not want to sue the Association. But because the Association has sued us, we now have no choice but to raise our ‘compulsory counterclaim.'”

The letter concludes with, &#8220If you oppose the litigation and want to see an agreed solution to this dispute, I urge you to tell your Board to change its approach. It is not too late to turn back from the escalation of hostilities that the Board's actions have created, but there is not much time left.”

Oliphant said in a phone interview he &#8220wants the lawsuit to end” and for each side to pay their lawyers, walk away and be neighbors.

In the summary judgment motion the association is asking the court to stop construction on the residential lot and dismiss the claim for $5 million in damages.

Former board president Tom Kennedy said many of the homeowners have questions about the board's decisions in the case.

&#8220Nobody knows what the board wants to do,” Kennedy said. &#8220They haven't sent official letters to the homeowners. Oliphant's letter really got everyone's attention. People don't understand what we are getting out of it, just for a driveway.”

According to Kennedy, board elections should be scheduled the first two weeks of October.

&#8220A lot of homeowners believe there needs to be a leadership change,” Kennedy said. &#8220They're angry that they had to learn about the lawsuit in the paper (Courier-Herald), and now we get the letter from Oliphant. The message will be clear. This is not an opponent we want to take on. Lowe's was willing to work with us early on. Lowe's isn't a bad neighbor. It could have been a lot worse.”

Dennis Box can be reached at dbox@courierherald.com.