Builders win Yelm council vote

City council unanimously rejects appeal by JZ Knight

By Keri Brenner | The Olympian • Published January 22, 2008

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YELM – The city council on Tuesday unanimously denied an appeal by JZ Knight, leader of the Ramtha School of Enlightenment, clearing the way for construction of five residential developments totaling 568 homes within city limits.

Council members said they could not find legal grounds to overturn an Oct. 9 ruling by hearing examiner Stephen Casseaux Jr. that found a "reasonable expectation" that adequate water would be available to serve the new homes in the future.

Knight's attorney, Keith Moxon of Seattle, disagreed with Casseaux, arguing at Tuesday's meeting that the city already was pumping more water than it had legal water rights to use.

He said Casseaux was engaging in "speculation" that within four years, six times as much water might become available.

"It's not a surprise, but we're still disappointed," Moxon said after the 7-0 vote to uphold Casseaux's ruling before a packed room of about 30 people, with more people listening in the hallway. "They're playing Russian roulette with the city's future."

Moxon said he would review the council's written ruling before a decision is made whether to appeal the case Thurston County Superior Court.

Moxon said the city was ignoring its own comprehensive plan for water, which states that "it is becoming difficult if not impossible to get future water rights."

"By the time of final approval, developers will be long gone, the lots will be sold to unsuspecting buyers, and there will be no water certificates," Moxon said.

The five proposed developments — Tahoma Terra Phase II, Windshadow I, Windshadow II, Wyndstone and Berry Valley I — are in the southwest part of the city within about a mile of Knight's 80-acre ranch, which was established in 1988.

"I do not have anything bad to say about JZ Knight and her spiritual beliefs," Jack Long, developer of Berry Valley I, said later. "I just think she is out of line with trying to control the entire city."

Long said his development "will provide affordable housing to many people, including our military families and other good families who may not have other opportunities to buy affordable homes."