An Update on the Mercer Island Transit Interchange Litigation

After the King County Superior Court’s decision granting partial summary on December 17, 2021, the City has filed a motion with the Washington State Court of Appeals seeking permission to pursue an early appeal of that decision, rather than waiting until after trial on the portion of the case that still remains to be resolved. The City’s motion to the Court of Appeals is fully briefed and those briefs are available here. On April 15, 2022, the Court of Appeals will hear argument on the City’s motion. If the City is successful, the City’s appeal will then go forward before the Court of Appeals. If the City is unsuccessful, then the parties will proceed to trial.

The King County Superior Court also granted the City’s request to re-set the trial date (previously to begin in March 2022) to February 2023. This new trial date will allow time for the Court of Appeals to hear and resolve the City’s motion and time for appropriate discovery in the event the City’s motion is denied and the case proceeds to trial.

Additionally, the City sought and was granted a voluntary dismissal of its appeal of the LUPA decision before the Court of Appeals.