An Update on Sound Transit's Appeal to Hearing Examiner

July 29, 2021 - On August 20th, the Court will hear motions from the City and Sound Transit as part of Sound Transit’s litigation to appeal the Mercer Island Transit Interchange permits. The City is asking the Court to dismiss the issues involving City rights-of-way and the 2017 Settlement Agreement disputes from Sound Transit’s Land Use Petition Act appeal. These issues are already properly before the Court in the litigation filed by the City in October of 2020. Sound Transit’s motion asks the Court to bypass the October 2020 case, ignore the 2017 Settlement Agreement between the City and Sound Transit, and require permits be issued that violate the terms of the 2017 Settlement Agreement.

Meanwhile, in the 2020 case the City is pursuing to enforce the plain terms of the Settlement Agreement, the parties are proceeding in discovery. The City has been working to address Sound Transit’s failure to properly produce documents in response to the City’s requests. Although the City has begun depositions, Sound Transit’s actions have delayed this work. In light of delays related to Sound Transit’s production of documents, the Court has agreed that the trial date should be moved to Spring of 2022. The City anticipates seeking further relief from the Court related to these issues as appropriate. The City continues its work to prepare its case for trial.

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