Megan Hansen in the current issue of the Nisqually Valley News reports:
“Claims the City of Yelm mishandled the permitting process on a familys home were dismissed in Thurston County Superior Court last week.
Judge Thomas McPhee found there was no ‘genuine issue as to any material fact’ that the city and Community Development Director Grant Beck are entitled to judgement as a matter of law.
Claims brought forward in a suit by Andrew and Cynthia Smith were dismissed with prejudice, meaning they cannot refile the case.
The Smiths are suing most parties involved in the construction of their home located in the Palisades West subdivision. It is the only house currently built.
The family is unable to move into the completed home because the city will not issue a certificate of occupancy without the installation of a booster pump…
The Smiths are a military family and had intentions of settling down in Yelm. Theyre children attend Yelm schools and the family has integrated themselves into the community.
The family hasnt visited their once dream home in several months.
‘If I could leave Yelm tomorrow I would, Smith said…”
Andy Smith told the Yelm Community Blog that Judge McPhee was provided details by the Smith’s legal team which included:
1. The City of Yelm’s lack of following their own City Code in ensuring that all plat upgrades are completed at Final Plat,
2. The City of Yelm’s lack of having the unfinished upgrades bonded,
3. The City of Yelm’s complete disregard for violating their very own plat amendments (an amendment that stated “No Building permit will be issued until a booster pump station is installed and approved by the City of Yelm”).
Smith added, “Judge McPhee was clear in stating the ‘honest, tax-paying, citizens of Yelm, should not be burdened with a debt that was solely incurred by me.'”
Interesting that the City of Yelm
– made the errors with respect to the Smiths
– did not follow their own Water Plan on fire flow
– did not heed the advice of Southeast Thurston Fire Authority Chief Rita Hutcheson who told the City Council the fire dept. could respond within 3 minutes to the Smith’s home and she had no issue not having a booster pump
– could not admit their errors which would allow the Smiths to move in – a win-win situation for all.
All the City Council had to do was admit their error and grant an exception to the Smiths.
So, the City thinks they saved face — they did not!
They have an undeveloped neighborhood with a single, unoccupied home and a hard-working military family denied occupancy there.
Once again, the City of Yelm creates a lose-lose situation for their own citizens!
Andy Smith closed by saying to the Blog, “I don’t know if I have the emotional and fiscal means to pursue an appeal so as wrong as it is, it looks like the City will get away with it.”
THIS IS ANOTHER BLACK-EYE ON YELM’S CITY HALL
A SAD DAY FOR OUR FELLOW CITIZENS.