FIRST PUBLISHED THURSDAY, APRIL 15, 3:03PM
JZ Knight’s successful Thurston County Superior Court ruling by Judge Chris Wickham made final November 7, 2008 from his Letter Opinion dated October 7, 2008 was overturned by the Washington State Court of Appeals in a ruling issued Tuesday afternoon, April 13, 2010. The City of Yelm appealed the Court’s decision in Fall, 2008.
From JZ Knight’s website:
“In response to the Court of the Appeals opinion issued on April 13, 2010 dismissing JZ Knights LUPA petition and reversing the Thurston County Superior Court ruling,
JZ states, ‘Our attorneys are reviewing the decision and evaluating options.’
Read the Public Notice to Residents, Taxpayers and City of Yelm Water System Customers from Nov 2008.”
MAYOR HARDING SAID IN TODAY’S [April 15, 2010] NISQUALLY VALLEY NEWS:
“‘Knight’s already caused the damage with some of these developers,’ Harding said. ‘Some of them have had to file bankruptcy.'”
Ed. Note: This is an appalling comment by a city official – that the developer’s woes are tied to JZ Knight – a statement that is totally out-of-line & demonstrates the caliber of person this man is, passing the buck and is totally opposite what he said last year in the April, 2009 NVN:
“The city has taken the stance in recent years for growth to pay for growth, Harding said.
The city has taken on debt and allowed new growth to pay that debt.
That has changed with the economy, growth slowing and an anti-growth environment.
‘We can no longer operate the system allowing new growth,’ Harding said….”
The developers’ bankruptcy lies at their own hands. They found bankers, who through avarice & greed, tossed wise banking practices to the wind to invest in their dreams to put 5,000 homes (18,000 added people) in a town of 5,000. And, the developers threw their bags in with City of Yelm officials who thumbed their noses at state regulations designed to protect the public’s interests (i.e. Dept. of Ecology water allocations) thinking no one would notice.
SO WHAT DOES THIS MEAN?
THE CITY DOES NOT HAVE TO PROVE IT HAS WATER UNTIL THE BUILDING PERMIT STAGE IN A DEVELOPMENT — WHICH IS AFTER PLAT APPROVAL.
IN OTHER WORDS, A DEVELOPER WILL BE ABLE TO GO AHEAD AND CREATE A DEVELOPMENT, PUT IN ROADS, TELEPHONE LINES, WATER, SEWER & POWER AND THEN PROVE WATER WHEN THEY APPLY FOR A BUILDING PERMIT TO BUILD A HOME.
IF THE DEVELOPER AND/OR THE CITY DOES NOT HAVE ENOUGH WATER THEN, THE BUILDING PERMIT IS TURNED-DOWN – AFTER ALL OF THAT EXPENDITURE.
DRIVE THROUGH THE UNFINISHED PHASES OF DEFAULTED TAHOMA TERRA NOW & GET A PICTURE OF THE THIS SCENARIO.