Trial date is set for brewery water ruling

Lacey, Olympia and Tumwater will compensate owner

By Christian Hill | The Olympian • Published May 16, 2008

The trial to determine how much Thurston County's three largest cities will pay for condemning the former Olympia brewery's water and associated land is scheduled for the week of Jan. 26, 2009.

Thurston County Superior Court Judge Gary Tabor set the date Friday.

The cities of Lacey, Olympia and Tumwater had requested a trial date in December, but the attorney representing the property owner, Delaware-based Well B Ng LLC, said more time was needed.

The attorney, Scott Smith, said the property owner needs to hire experts to determine how much the condemned water and land are worth. Then, the property owner and cities must do additional work after they exchange their appraisals to prepare for trial, he said.

Marisa Velling Lindell, an attorney representing the cities, argued that the property owner had adequate time to prepare.

Tabor said his court schedule in December is full. The judges will rotate their caseloads at the start of the year, so another judge likely would preside at trial.

The cities have deposited $4.55 million as their offer of compensation based on a recent appraisal. Barney Ng, the managing member of Well B Ng LLC, has said he wanted to meet with the cities to negotiate a higher price.

The cities took control of the water and land April 22, when the funds were deposited.

Tabor has authorized Well B Ng LLC to withdraw the funds after withholding $105,000 to pay two tax liens filed by Thurston County and Tumwater. It would have to repay money if the court determines the compensation is less than $4.5 million. The cities would have to deposit more money if the court finds the value is greater.

Christian Hill covers Lacey and the military for The Olympian. He can be reached at 360-754-5427 or chill@theolympian.com.