Court
of Appeals Division I has denied the appeal of Wescot Corporation & Environmental
Materials Transport in in Wescot v. City of Des Moines. Wescot proposes
to construct a 4.8 mile temporary conveyor system to deliver fill material
to Sea-Tac Airport during construction of the third runway. The
conveyor system would traverse City park land & would require City
permits. The City of Des Moines had denied the permit application because
it was not from the property owner, namely, the City of Des Moines.
In denying the appeal, the court said: "The Land Use Petition Act provides
that a decision by a local government granting or denying a request
for permission to use a public park is not subject to judicial review.
We reject appellant Wescot's argument that the statute refers only
to minor park usages. When Wescot applied for permits to build a major
commercial project on city park property without first obtaining the
City's consent for such a use, the City's refusal to process the applications
was not reviewable and the trial court properly refused to consider
the appeal."
The Court also granted the request of the City of Des Moines for reasonable attorneys'
fees and costs on appeal under RCW 4.84.370, because the City has prevailed at
all levels.
No petition for review was filed with the Supreme Court within the time allowed, & it
would seem that this particular proposal is completely dead. Wescot, & its
principal, Hank Hopkins, were deeply involved in providing secret campaign
contributions in the Des Moines City Council election in the year 2002.
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