Wednesday, October 19, 2016

Laurelhurst Community Club Prevails on Recent Talaris Ruling

This information was published in the most recent Laurelhurst Community Club (LCC) newsletter: 

LCC Prevails on Talaris Ruling
On September 23, LCC attorney Peter Eglick, Richard Hill representing Talaris (4000 Properties), and the City Attorney’s office came before Judge Marianne Spearman to decide if Talaris would be granted another “stay” (delay) for their LUPA (Land Use Petition Act) and suit against the validity of the City of Seattle’s Landmark Board’s authority to govern buildings and sites.  
These cases are intertwined, which has complicated the speedy resolution required by law for deciding land use issues. Mr. Eglick was methodical and decisive.  
The Talaris owner has asked for and been granted several stays. If another three-months delay had been granted by the court, 1,000 days would have been spent to settle this case. The law spells out a maximum of 30 to 45 days.
The amount of time elapsed indicated that the Court would no longer have jurisdiction, because the time limit had been egregiously exceeded.  
Mr. Eglick cited another case and ruling to support his argument. He stressed before the court that LCC is not the entity driving up litigation, fees, and delays, but rather 4000 Properties.  
The Judge noted the eight previous stays that she granted and asked why it would take another three months for the Academy for Precision Learning to figure out their finances. She ruled “enough,” and lifted the stay. No more delays will be permitted. 
The Judge ordered that LCC and Talaris work out a new LUPA appeal schedule, which they quickly did. It filed September 30.  
This ruling is good news for LCC. Now if Talaris wants to continue its suit against the City of Seattle over its Landmark Board authority, LCC will not be part of it. It also reinforced LCC’s status as a party of record in the Talaris land use process. 
To learn more about the Academy for Precision Learning  concept plan go here.  The concept is available on the Laurelhurst Community Club site here. 

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