An Update on Sound Transit’s Land Use Petition Act Appeal

Last June, Sound Transit filed a Land Use Petition Act (LUPA) appeal in Superior Court challenging the Hearing Examiner’s decision on permits related to construction of their bus-rail integration facilities on North Mercer Way. This appeal is separate and distinct from the City’s 2020 lawsuit against Sound Transit for breach of the 2017 Settlement Agreement. The Court held a hearing on Friday, August 20 to consider a motion filed by the City to dismiss the LUPA appeal and a motion filed by Sound Transit for partial summary judgment.

Unfortunately, the Court denied the City’s motion to dismiss and granted Sound Transit’s motion for partial summary judgment to construct a bus layover bay on the north side of North Mercer Way. In granting Sound Transit’s motion, the Court opined that the terms of the mutually agreed upon Settlement Agreement could not be the basis to condition Sound Transit’s permit, even if the resulting permit violates the parties’ Settlement Agreement.

The Court, however, made it explicit that it was not ruling on the terms of the Settlement Agreement or the remedies that it may later provide to either party. This leaves all options open for the City to continue to litigate its 2020 lawsuit against Sound Transit for breach of the Settlement Agreement unimpacted by today’s ruling.

The City is currently evaluating all of its options for responding to Friday's decision. A written order/decision of the rulings was issued by the Court on August 25 and can be viewed here.