Downtown Olympia’s Views on Fifth development clears latest legal hurdle
A group long opposed to a downtown development known as Views on Fifth has lost another legal challenge.
The state Court of Appeals, Division 2, dismissed the group’s petition for lack of standing, and Phillips Burgess, a law firm that represents developer Ken Brogan and Views on Fifth, posted about the decision on its website.
“The court dismissed their petition and awarded Views on Fifth and the city (of Olympia) attorney’s fees,” the blog post reads.
The group opposed to the project — which includes former governors, a former secretary of state and a former Olympia mayor — is represented by attorney Allen Miller, previously of Olympia who now lives in Spokane.
“We’re disappointed,” Miller said this week about the court’s decision, adding that the group he represents is set to meet and discuss their options. They have two, he said. They can petition the state Court of Appeals, Division 2, to reconsider their decision, or ask the state Supreme Court for direct review.
The nine-story Views on Fifth tower, previously known as the Capitol Center building, is best known for its position on downtown Olympia’s isthmus that offers views of both Capitol Lake and Budd Inlet. The group Miller represents have long wanted to find a way to demolish the building and protect the view corridor to and from the state Capitol Campus, although the isthmus building has occupied that spot since the 1960s.
Prior to the Great Recession, the building was occupied by the state Department of Corrections, but during the recession it was vacant and fell into disrepair. Brogan bought the building and set out to transform it into a mixed-use development.
Meanwhile, the group opposed to the project appealed decisions made by the city regarding land use and the state Environmental Policy Act. Those legal efforts were thwarted in Thurston County Superior Court, the state Supreme Court and, most recently, the Court of Appeals, Division 2.
However, the legal actions wound up delaying the project and resulted in an additional $6 million in construction costs, said Troy Nichols, a spokesman for the project. The original budget was $30 million, he said.
The longer it was delayed, the more construction and material costs went up, Nichols said.
Views on Fifth will be home to 140 apartments: 90 in the tower and 50 more in two new buildings that have been constructed at the base of it. The ground-floor units in the two new buildings consist of “live/work” units, meaning tenants also could run a business in the space.
Tenants are expected to move into Views on Fifth in May.
“Ken and Julie (Brogan) are happy to have cleared this latest legal hurdle and are excited to have the project completed and see their future tenants move into their new homes this spring,” Nichols said in an email this week.
Interest in pre-leasing space has been strong, Nichols said, but he didn’t have data on number of leases.
Developers also continue to negotiate with possible restaurant tenants, but no one is under contract, he said.
