Arguments in Point Wells Lawsuit to be Heard Wednesday in King County Superior Court

Lawyers for Save Richmond Beach and Woodway will make arguments in King County Superior Court Wednesday morning, Nov. 23, challenging Blue Square Real Estate's mixed-use development at Point Wells that proposes building 3,100 condominiums by 2030.

The town of Woodway and Save Richmond Beach, a nonprofit group, filed their lawsuit against Snohomish County and Point Wells developer Blue Square Real Estate (BSRE) on Sept. 12, 2011.

Save Richmond Beach and Woodway had hoped the city of Shoreline would join them, butand through the environmental process in Snohomish County.

Most residents of Richmond Beach . The only way and in and out of the 61-acre Point Wells site, which is now an asphalt plant and petroleum facility, is the two-lane Richmond Beach Drive. 

Zach Hiatt of Graham & Dunn, a resident of Richmond Beach and a lawyer for Save Richmond Beach, and Wayne Tanaka of Ogden Murphy Wallace, and a lawyer for the Town of Woodway, will go before King County Superior Court Judge Dean Lum in King County Superior Court so he can hear the groups' motion for summary judgment.

In filed by Save Richmond Beach and Woodway, Hiatt and Tanaka argue that Snohomish County adopted their development regulations and land use designation for the Point Wells site while in violation of State Enviromental Protection Act and Growth Management Act. Also, the developer filed applications and began work on the project with Snohomish County immediately prior to the Growth Management Hearings Board's final decision on the matter, according to Save Richmond Beach.

The lawsuit seeks to prohibit Snohomish County from continuing to process BSRE’s development application for a mixed-use development at Point Wells.

The lawsuit followed a ruling earlier this year by the state’s Growth Management Hearings Board finding the county’s designation of the Point Wells site as an “urban center” invalid and illegal under the Growth Management Act and state environmental protection laws.

But the developer and county consider the project vested under the county ordinances that were declared invalid by the hearings board. According to the Woodway and Save Richmond Beach, BRSE submitted its application after the case was heard by the board, but a couple of weeks before the board’s ruling.

Woodway town administrator Eric Faison said in September that Woodway attempted to have its concerns addressed through negotiation. He says the town repeatedly tried persuade Snohomish County, and the developer, to limit the size of the development, but has been unsuccessful.

“We really do not believe that litigation is the best solution to this problem,” Faison said. “Unfortunately, we’ve reached the point where our options are limited.”

The attorney for BSRE was disappointed by that decision.

"Unfortunately, Woodway has chosen to litigate rather 
than negotiate," said Gary Huff, an attorney 
representing BSRE Point Wells.

Huff said in September that the developer was considering whether to request that its Urban Center Application be reviewed under an alternative
 application process, which includes a public meeting 
before the Snohomish County Design Review Board and a
 public hearing before the county's Hearing Examiner.
 Dating back to April of this year, BSRE Point Wells had been engaged in on-going discussions with a goal of
 reaching a Municipal Agreement with both Woodway and 
the City of Shoreline.

 "We have repeatedly
requested written confirmation of specific concerns and
suggested project revisions from town officials to 
allow us to undertake the appropriate analyses and
consider the feasibility of their proposals," Huff said. "For
 whatever reason, Woodway has refused to provide us with
any kind of reliable response."

"By filing this lawsuit, the Town of Woodway and Save
 Richmond Beach appear to believe they can overturn the
long-standing constitutional and statutory bases for
Washington's vesting doctrine," said Huff. "The vesting 
doctrine provides that the rules and regulations under
which a project will be reviewed are those which are in
place on the date of filing of a permit application. We
are confident the court, as it has for over 50 years,
will continue to uphold Washington's vesting rules."

Save Richmond Beach is asking Richmond Beach residents to come to court on Wednesday as "a visible show of support," even though there is no opportunity to comment to the court.

"Your presence at the hearing sends a concerted and positive message that Save Richmond Beach and Woodway are actively working toward ensuring responsible development of the area," an e-mail from the group reads.

Point Wells was purchased in 2006 by the Alon Group, led by Israeli billionaire lawyer and Holocaust survivor . Biran's vision was to clean up the contaminated site and develop it into a waterfront housing and retail area.