State Court of Appeals rules against Olympia group opposed to West Bay Yards development
Olympia Coalition for Ecosystems Preservation, an active environmental group in the area, has struck out again in its multi-year legal effort to challenge a development agreement involving West Bay Yards, after the state Court of Appeals ruled against the group late last month.
West Bay Yards would build 478 rental housing units at 1210 West Bay Drive NW on land previously owned by Hardel Plywood along Budd Inlet.
A development agreement is separate from Olympia’s land-use process, which has continued for West Bay Yards even as the appeal was pursued. A development agreement locks in expectations for the project between the city and developer, but does not replace the need for permits or environmental review.
However, similar to the traditional land-use process, the city in 2020 issued a “non-project” determination of non-significance under the state Environmental Policy Act, meaning closer environmental scrutiny in the form of an environmental impact statement would not be required for the development agreement.
The coalition disagreed with the decision, saying an environmental impact statement should have been required because the size and scope of the project was already known, Executive Director Daniel Einstein has previously said. He also has said the environmental group would be harmed by the West Bay development because it owns land for preservation in the area.
The Olympian was unable to reach Einstein for comment.
The coalition appealed the city’s decision to the Olympia Hearings Examiner and the city’s decision was upheld. Later, the coalition appealed its case to Thurston County Superior Court where it was dismissed and a motion for reconsideration was denied.
Finally, the coalition appealed those previous decisions to the state Court of Appeals, seeking reversal of those decisions and for the court to vacate the city’s resolution adopting the development agreement, and order the city to issue a new threshold determination and prepare an environmental impact statement under SEPA.
The Court of Appeals did not agree.
“We hold that the Coalition cannot establish standing under the land-use petition act to challenge the city’s threshold determination regarding the development agreement. Accordingly, we affirm the Superior Court’s order dismissing the Coalition’s appeal.”
The court, however, did not award attorney fees to West Bay Yards or the city of Olympia.
But why did the court say the Coalition lacked standing?
“The Coalition must explain how reversal of the determination of non-significance for the development agreement will specifically redress the environmental harms the Coalition alleges,” the ruling reads.
“But because the decision at issue is merely a development agreement, rescission of the agreement does nothing to prevent any alleged environmental harms.
“As the Coalition concedes, West Bay is still required to apply for permits for development, at which point the city must issue other threshold determinations regarding the environmental impacts of the project.”
Lastly, the court adds:
“Accordingly, the Coalition cannot establish that a favorable ruling would address its alleged prejudice and, therefore, cannot establish that it has standing to challenge the development agreement.”
Thurston County Superior Court records shed light on why the developer would seek a development agreement.
“West Bay (Development Group’s) estimated total cost to develop the project is in excess of $200 million,” the court records read. “West Bay’s purpose in applying for the (development) agreement with the city was to create reasonable predictability and certainty regarding the vesting of future land-use entitlements for the project.”
This story was originally published November 6, 2022 at 5:00 AM with the headline "State Court of Appeals rules against Olympia group opposed to West Bay Yards development."
