Dedicated to Preserving the Rural
Character of the Wellington Neighborhood
07/11/10 Supreme Court Will Review
03/31/10 Neighborhood Meeting
01/04/10 The Journey Continues
04/05/09 Wood Trails/Montevallo Update
02/22/09 Another challenge to R-1 Zoning
01/25/09 Crime Prevention Mtg - Jan 27th
12/08/08 CNW Update
11/13/08 CNW Meeting - Nov 20th
10/07/08 CNW Update
05/27/08 CNW Update
03/08/08 Another Victory Celebration
02/26/08 Seattle Times Article
02/18/08 We Won - Part II
02/11/08 Attend Hearing on Feb 15
01/21/08 Martial Arts Demo on Feb 2
01/05/08 CNW Meeting on Jan 10
11/07/07 Money Matters Now
08/13/07 Victory is Ours!
Documents marked with this image require the free Adobe® Reader® for viewing.
Hello Neighbors,
You may have seen an article in the Friday February 22 Local Section of the Seattle Times pertaining to the LUPA case just ruled on by the Honorable Dean Lum. Unfortunately, the article by Peyton Whitely contained many errors, so please see the copy of the article below with embedded comments and corrections. We are not sure of the sources Mr. Whitely used in his article. Regardless, please see the clarifications below. As always, please contact us with comments and questions.
The CNW Board
Court says Woodinville's rejection of rezoning legal
By Peyton Whitely
Seattle Times Eastside bureau
A judge has ruled that the city of Woodinville acted legally in August when it denied a request for denser development in two subdivisions near the Woodinville- Duvall Road. [This is accurate, but note that a verbal ruling was issued and the formal order has not been finalized. It is expected February 29. The written ruling will describe the next steps in the legal process]
Phoenix Development, builder of the Montevallo and Wood Trails projects in the Wellington neighborhood, wants the city to rezone 55 acres to allow four homes per acre, rather than one home per acre, the zoning currently in effect. [The “projects” are proposals only]
But Superior Court Judge Dean Lum's ruling might not end Phoenix's court action against the city. [Phoenix is entitled to appeal up to the Appeals Court]
When Phoenix asked for the rezoning in 2005, the city responded with a six-month moratorium on new building permits. [The moratorium was not a consequence of the re-zoning request, and did not affect Phoenix’s application. Note that the moratorium has since been lifted]. In August 2007, the City Council denied Phoenix's request to rezone.
Phoenix sued the city in September.
Last Friday, while ruling that the city acted legally, Lum also said Phoenix and a co-plaintiff, the G&S Sundquist Third Family Limited Partnership, could file an amended land-use petition with the city and file another complaint for damages against the city and a nonprofit neighborhood group, Concerned Neighbors of Wellington, whose consistent opposition to higher densities may have influenced the City Council's decisions. [This last paragraph is very inaccurate and misleading. Judge Lum did NOT indicate that the plaintiffs could file an amended land-use petition, nor allow for Phoenix to collect damages in this phase of their legal battle. Moreover, CNW is not liable for any damages. On the last point regarding our possible influence, recall that the quasi-judicial process was invoked specifically to prevent CNW or anyone else from influencing the City Council's decision. We were entitled to the same opportunity that Phoenix was: testimony at public hearings. We used that opportunity to provide about 2000 pages of technical information by professional engineers and licensed geoscientists on the failure of the proposed developments to meet Woodinville's codes in terms of need, environmental impact, and public safety.]
Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com
Copyright © 2008 The Seattle Times Company