SWC, IRG each file Warehouse A actions in King County Superior Court
Save Weyerhaeuser Campus is asking a King County Superior Court judge to reverse some Warehouse A conditions imposed by the hearing examiner for Federal Way and/or send the case back to the city for further proceedings. A preliminary hearing is expected in January.
The suit against Federal Way Campus LLC (Industrial Realty Group) and the City of Federal Way was filed Sept. 18 under the state’s Land Use Petition Act (known as LUPA).
The conditions were imposed by Phil Olbrechts, the city’s hearing examiner for Federal Way, as a result of SWC’s Warehouse A appeal and motion for reconsideration.
SWC alleges several errors in Olbrechts’ decisions, including:
- Not requiring cumulative environmental review for IRG’s 5 warehouses on the campus
- Not requiring an Environmental Impact Statement for the projects
- Not requiring cumulative impact analysis under Federal Way codes and regulations
- Determining that the requirements of the Hylebos Basin Plan are subordinate to the city codes and the 1994 Concomitant Zoning Agreement that specifies zoning for the campus
- Concluding that the proposal met the standards of the city’s comprehensive plan
- Concluding that cumulative impact analysis was sufficient to meet local code and State Environmental Policy Act (SEPTA) standards.
- Determining that he does not have the authority to send the case back to the city
IRG seeks reversal of hearing-examiner conditions on Warehouse A
Industrial Realty Group subsidiary Federal Way Campus LLC has filed suit in King County Superior Court against the City of Federal Way and Save Weyerhaeuser Campus. IRG is seeking to overturn the additional transportation and environmental conditions placed on the Warehouse A project by the city hearing examiner as a result of SWC’s Warehouse A appeal and motion for reconsideration.
The suit, filed Sept. 18, names the City of Federal Way as respondent and Save Weyerhaeuser Campus as an “additional party.”
Under the state’s Land Use Petition Act, known as LUPA, IRG is seeking judicial review of the decisions issued by Phil Olbrechts, Federal Way’s hearing examiner. IRG claims the additional transportation and environmental conditions ordered by Olbrechts constitute unlawful procedure, failure to follow prescribed process, erroneous interpretation of the applicable law, a decision not supported by substantial evidence, erroneous application of the law to the facts and rendering a decision outside the examiner’s authority or jurisdiction.
IRG is asking that the conditions be reversed and the original land-use and environmental decisions made by the city staff be upheld.
IRG is also seeking “award of [IRG’s] attorney fees and costs against SWC, as may be provided by law.”