In a Published Opinion issued on March 13, 2023, Division One of the Washington State Court of Appeals reversed a King County Superior Court order denying the City’s Motion for Public Use and Necessity and dismissing its eminent domain action related to the George Davis Creek Fish Passage Project (“Project”). At issue was a portion of the George Davis Creek that runs through private property before flowing into Lake Sammamish. The City’s Project sought to replace inadequate storm drainage infrastructure and to eliminate existing barriers to fish passage as required by the City’s comprehensive plan and State legislation. After negotiations with the property owner for purchase of the necessary property rights to construct the Project failed, the City filed a lawsuit in Superior Court to acquire the necessary property using its powers of eminent domain. Although the Superior Court ruled against the City in February 2022, the Court of Appeals firmly reversed the trial court’s decision denying the City’s Motion for Public Use and Necessity on March 13, 2023.
Recent Successes March 14, 2023