An Update on Sound Transit’s Motion for Summary Judgment

As previously noted, the King County Superior Court last Friday granted Sound Transit’s motion for summary judgment. At the hearing, the Court provided an oral ruling, which it entered as an order this week. The order is available for review, with the transcript of the hearing attached (the Court’s oral ruling begins on page 35 of the transcript). The City invites its residents interested in the decision to review it carefully.

The City respectfully disagrees with the Court’s order. For example, the Court held that the City had no right to file a lawsuit, which in the City’s view would impermissibly render the Settlement Agreement unenforceable and was not supported by the facts before the Court. Additionally, the Court held that the conditions the City imposed on Sound Transit’s permit applications (ones that required Sound Transit to respect the conditions to which it agreed in the Settlement Agreement) constituted impermissible “additional mitigation.” This too was contrary to the law and the evidence before the Court.

Contrary to information that has been circulating, the Court did not rule that former City staff agreed to Sound Transit and Metro’s demands for changes to the Settlement Agreement.

The City and Sound Transit struck a deal four years ago. Since then Sound Transit has acted (and argued in court) that it does not need to follow that deal. The City strongly disagrees and continues to evaluate its options going forward.

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