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Ruling in lawsuit over Fort Lawton development

March 13th, 2009 · View Comments

UPDATE:  Additional coverage from the Seattle PI on the courts ruling on the Fort Lawton case.  King County Superior Court Judge Catherine Shaffer ruled that the city’s plan, which tentatively included more than 80 units for homeless or low-income residents, failed to follow proper environmental assessment procedures on land that for more than a century had been in military control at Fort Lawton.

Ruth Bowman, spokeswoman for Seattle City Attorney Tom Carr, said “the judge was just wrong” and the city will “definitely appeal the decision.” The city had argued that Magnolia neighbors had no legal standing to sue the city for noncompliance with the State Environmental Policy Act and asked that the lawsuit be dismissed.

Judge Shaffer disagreed, saying the Magnolia group could sue and that the city’s redevelopment plan for Fort Lawton “is declared null and void” until Seattle government complies with state environmental policy.

For the development plan to move forward, the judge said, the city also must show why the master plan for Discovery Park would not apply to the military property (which is inside the park). Opponents contend a housing development would violate the park’s master plan

We just received word from Elizabeth Campbell that the Magnolia Neighborhood Planning Council (MNPC) won its case today in King County Superior Court against the City of Seattle.  The MNPC sued the city over its Fort Lawton redevelopment plan. 

The MNPC alleged that the City failed to comply with SEPA regulations as it pursued its plans to establish a 200 unit housing development on the site, and that it had failed to abide by the guidelines and dictates of the Discovery Park Master Plan.  The judge decided in favor of MNPC, voided the City’s ordinance which had approved the Fort Lawton housing development plans, and ordered that the City must comply with SEPA.  The judge also ordered that the City must publicly pursue the matter of whether or not the park master plan applies to the reuse of the Army reserve property. 

Many people worked hard to bring about the park, to craft and establish a plan for not just the park at the time, but for the park in the future.  They also warned about efforts to diminish the integrity of Discovery Park, and hoped that people like us would step in to fill their shoes when they were no longer able to do so themselves.  I feel as if we have done that with this lawsuit, that it is just the beginning of a renewed commitment to protect Discovery Park and the Discovery Park Master Plan.   

Campbell says that this ruling levels the playing field with guidelines and standards which the city must follow.  She believes it gives people an opportunity to shape the use of the Army land.

We received this information after city offices closed for the weekend.  We will try to get comments from city officials regarding this lawsuit next week.  Read the entire judges ruling here.   

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  • JH

    Thank you to all those who worked so hard to make this happen!

  • Bluffer

    Bravo! Excelllent work!

  • Lawton neighbor

    What great news that was to go to bed to last night! It all seemed too unbelievable that the city could get away with their proposal. Finally someone turned off the development machine for now.

  • kim

    this is GREAT news!

  • mike

    this is awesome. i hope home prices continue to drop so people who aren’t wealthy can afford to live near discovery park again!

  • B

    This is great news. How long does this prolong the development?

  • CO

    Great news!!!! Way to go MNPC!!!

  • http://www.magnoliavoice.com Thomas

    Fabulous! Let’s keep the low income and homeless on the streets where they belong!

  • Cmom

    YEAHH!

  • Great!

    Great!! Thanks!

  • Valentijn

    NIMBYs

  • BS

    Battle won, war prolonged. The city will not give up and look at what happened with Briarcliff. You can’t stop progress. NIMBYism gets you a stay of execution, not a reprieve. Magnolia will have to take it’s share of “other people” like everyone else. As Jesus said, “the poor are always with us” and that may mean with us in Magnolia, too.

  • DavidB

    The City is not exempt from due process and must go through environmental impact studies like everyone else!

    Homes should not be built in Discovery Park! This is an opportunity to convert this space to back to nature where everyone can use it!

    The homeless can go to Bellevue!

  • C.J.

    Ruth Bowman should be less arrogant and more deferential to the court. Her statement that “The judge was just wrong” reveals an ugly disrespect for the rule of law. The judge may have made a mistake, which merits appeal, but that doesn’t make the judge “wrong.” As a public servant, Ms. Bowman should be more careful to not diminish public faith in our jurisprudence.

  • mike

    homes are already built on discovery park, davidB…

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