7:20 pm
The council is in executive session right now to discuss the lawsuit that was filed by Point Ruston against the town today. There are no more details available right now, other than it is related to the Stack Hill development. I'll post any additional information that might be discussed later in the meeting. ~ Karen
UPDATE: 8:05 pm
The council meeting has adjourned with no further action (full report coming up). Mr. Cohen, principal with Point Ruston spoke about the lawsuit after the meeting. He confirmed that they have sued Ruston over the taking of Lot 12 as a view corridor. They don't feel there is enough public benefit to warrant taking that building lot. Mr. Cohen noted that just because something is in an ordinance does not make it fair or reasonable. Read more of this discussion from the public hearing on the issue on June 25, 2008.
According to Mr. Cohen, the lawsuit addresses two issues. 1) That is unfair to take this property. 2) That the pressure put on Council Member Hunt after she indicated she might change her vote on the issue at the next meeting was unfair. In particular, Mr. Cohen mentioned the contrary advice given by the town attorney from one meeting to the next and the multiple calls she received from the mayor, fellow council members and residents telling her she could/should not change her vote. Read more about this July 21, 2008 meeting here...
Timing played a critical role in the filing of this lawsuit today. On land use issues, there is a 21-day window to disagree (this may be an appeal - I'll post more information as I gather it). That deadline was today. Mr. Cohen said they immediately followed up with a settlement offer. He said they don't want to have to hash this out in court, but feel they don't have any other options at this point.
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9 comments:
This must have caught Dan by complete surprise.
Quick Dan.Reopen the gaming room and get some reveue back in the coffers!
This one will cost us.About $1,500,000.Not bad if you are trying for a record.
Keep up the good work.
It is a sad state of affairs when a town as small as Ruston gets taken to court as many times as they have over the last two years. To me it shows that some of the council members are not looking at the big picture and taking into consideration all the facts. They seem to be making their decision based on what certain residents want and not what is the best for the town. Hopefully with the latest one they will consider at what the cost to the town will be and settle out of court. The desires of 2-3 people (residents) do not "a good decision make". Just because there is money in the bank does not mean it has to be spent in the shorest time, especially when it has to do with legal fees.
Lets get passed this, get the developments going both on Stack Hill and Pt. Ruston. There have been too many jobs lost because of the delay involved with both of these. Their actions have affected many people and now livelyhoods (sp?)have been lost. I'm sure if one of the council persons real job was at stake we would not have seen so many delays. Just the fact that the Planning Commission had recommended the original Stack Hill proposal to be accepted and passed (2 yrs ago?)and the council did not pass it shows that some of the council have had their own agenda they want followed.
Please see the big picture, move forward on both these projects and get our town back on track.
Bev
What is sad is that this developer is such a great asset to the community that when he doesn't get his way he sues?
People have land use issues with governmental bodies all the time - just look at the shoreline management act. Many people that have waterfront property have been adversely affected by that piece of legislation. The state was sued but guess who won – not the property owners.
This developer is a wolf in sheep’s clothing. Cohen is out for himself and only himself - don't fool yourself. Slowly he has adversely affected every adjoining homeowner to his project. Those that live on 49th west of Baltimore lost their view because Cohen felt the need to elevate the site. If you buy his story that he reduced the levels then you’re blind. He reduced the height by twenty-five feet at one end of the parcel only after he shot his grade elevations and the only reason he reduced the height was because he had to remove the stack foundation and didn't want the expense of bringing fill back in. Everything Cohen does is for himself – don’t kid yourself.
Now he wants the view corridor changed because he claims the town took the land from him - even though he agreed to the Master Development Plan. He has colluded with the council to get his way and now files suit against the town? If I had a business partner that sued me - that would be the last time I called them a partner. But don’t worry – this only affects a couple of people on Commercial Street.
Once he gets his way on Stack Hill he will move down to Point Ruston and the naive council and residents will be faced with a new set of challenges. He will not like the height restrictions or he will elevate the site in the name of remediation just so his property is worth that much more – but don’t worry that will only affect a couple of homes on Commercial, Bennett, & 52nd.
Council member Hunt & Huson have gotten in bed with this wolf and are ill prepared to deal with them. Even though Huson believes he is the smartest person in town - he is no match for Cohen. Huson has no dog in this fight so he could care less but Krock-Hunt has her view at stake.
This is a beautiful project however it has been mismanaged by the town all along but now - whether you believe it or not - its being managed by the developer. But who cares - it will only affect a few people on Commercial, a few on Bennett, a few on 52nd but who cares - they will just be a few complaining residents that you can say don't want development.
Bottom line is people want what’s fair - Cohen doesn't know the word. Cohen wants his - and yours too - if you let him take it, or bully you for it.
Cohen needs this project to move ahead don’t fool yourself. Development financing is extremely fragile right now – no matter who you are. With Tacoma having an abundance of condo inventory I would imagine his financiers are getting very nervous. No matter what you think he is highly leveraged in this project and if his financing were to dry up – will we be on the hook for the LID? Remember real estate mogul Donald Trump went bankrupt back in the 80’s recession – our interest rates are still good but the economy stinks.
How about a little hardball with the bully – suspend all planning for Point Ruston, Stack Hill will be completed because he is obligated to his financiers, freeze all spending for the town and ride this bad economy out. Sue me shame on you. We shouldn’t cooperate with him any more than you could throw him.
Cohen needs Ruston actually more than Ruston needs him – don’t fool yourself. If you don’t believe that – ask him for his financials! Since we are loaning him our credit for the LID don’t you think you would want to know how financially strong he really is – you would be shocked.
Yes, Cohen showed how interested he is in being a good neighbor to Ruston by suing the Town over one house. If he is willing to break the Town's bank over that,think about why he's really doing it: the larger reason is that if he can win the battle over the addition of one more house, he'll have established a track record for dominance over the Town council and planning commission which will help him control all future issues regarding the Asarco site.
He is as big a bully as any this Town has seen. People who see him as Ruston's only financial savior are short sighted.
Dear Anonymous #3&4,
If someone took away something that was of great value to you would you just roll over and say "here you go"? or would you do what you could to save it. He has taken a very large piece of property that has been an eye sore for many years and is turning it into something wonderful for the enjoyment of our town and those around us. The people on 49th would have lost their views regardless even more so if the original MDP was put into place. Any time you build across the street from an empty lot you better figure someone at sometime is going to build something. I find that increasing businesses and jobs for people and a tax base for the town is so much more important than a view of the bay. If you want an unobstructed view of the water then buy property where that will be available with no questions to be asked. I enjoy going down and walking along the water. It will be great when it is all connected.
Bottom line is it doesn't matter if it is Mr. Cohen or some other developer, you would have complained about anyone that went into this project. You could have gone down and put in a bid for the land also.
A lawsuit over one house? Sounds like a two year old with lots of money. Now he is throwing a financial tantrum, just to show the Town who's boss. Instead of begging him to stop crying and handing him the toy he wants, why not support looking after the Town's interests and tell him nicely but firmly to behave himself? We will still get a decent development on the Asarco site from this developer. He will not take his marbles and go home; he's just too heavily invested.
Bitterness and foolishness. Never the two should meet.
This reminds me of the good old days.The CAVE people fought against
Wingards plat:It will add to much traffic.Pave Commercial Street?Are you crazy.Sell the Town owned property on Commercial street?What were you thinking.Re-build the Winnifred street bridge?It will only add to our woes.
Looks to me like those with vision
helped to set the stage for Point Ruston and our future.
Thank you to all those that helped make Ruston a better place.
It's going to be alright.Really.
This was well documented and made clear in the Point Ruston hearing. A deliberate misuse of town funds.
Excerpt: MAD CABAL DISEASE July 21:
From the June 27th Public Hearing it in regard to the proposed VIEW CORRIDOR it was reported dedications had to have reasonable impact with mitigating circumstances. In a CAMAS lawsuit open space was found to be unlawful and unreasonable. In BATTLEGROUND street frontage expenditures were found to be not related to the development. The story of STACK HILL is a story of views significantly improved with the elevation on lot twelve dropped over 20 feet. STACK HILL has provided major growth management infill. In summary, a view corridor cannot be a burden to the development but must provide a benefit to the development and the general populace not just one person.
This proposed view corridor has only one neighbor who claims a loss because he can no longer see the scrub trees on the adjoining protected hillside. They may push this through, the caballeros, but they are getting horrific legal advice, or maybe they just don't care. There will be a lawsuit against the town and the town will lose!!!
Using town money for private use? Embezzlement, a serious felony, needs to be looked into?
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