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State Supreme Court passes on case challenging Views on Fifth development in Olympia

The state Supreme Court has sent a case challenging a controversial building project on Olympia’s isthmus to a lower court.

Construction is well underway at Views on Fifth, which looks to turn a long-vacant tower overlooking Capitol Lake into a mixed-use development with apartments, retail and restaurant space.

A group including former Washington governors, a former secretary of state, a former state senator and former Olympia mayor is seeking to stop the project. It filed suit against the developer and the city of Olympia, which approved the project, arguing a renovation of the tower should be subject to a 35-foot height restriction the city passed after it was built.

After a Thurston County Superior Court judge dismissed the case for lack of standing in June, the group asked the state’s Supreme Court to hear its appeal.

On Tuesday, five justices unanimously agreed to send the case to an appeals court in Tacoma.

Troy Nichols, a spokesman for the developer, said he was not surprised by the court’s decision. He called the request for it to hear the case a “legal hail Mary.”

The group had wanted to go straight the Supreme Court to save time and money, according to lawyer Allen Miller. Still, he said, he was pleased to have a place to argue the case.

Framing and plumbing in the tower is nearly complete, Nichols said. Two smaller buildings on the site will be framed and roofed in the coming months.

Nichols said construction is now expected to be done late this year and ready for people to move in January.

This story was originally published March 7, 2019 at 4:02 PM.

Abby Spegman
The Olympian
Abby Spegman joined The Olympian in 2017. She covers the city of Olympia and a little bit of everything else. She previously worked at newspapers in Oregon, New Hampshire and Hawaii.
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