Trial under way in tussle over West Seattle site dubbed ‘The Hole’

(View of The Hole, photographed in September from atop the unrelated Link project)
We’re in King County Superior Court Judge Susan Craighead‘s courtroom downtown, after finally confirming today that what’s on her calendar as Ledcor Vs. Aero Construction is indeed the trial for the major legal fights over the stalled Fauntleroy Place development – aka The Hole. Judge Craighead’s staff told us by phone earlier today that the trial – two years in the making – was projected to take about two weeks, though they also noted that, after two days, it was running ahead of schedule. On the witness stand right now: Dan McTaggart from BlueStar, the original developer of the project, which was supposed to bring a Whole Foods Market and new Hancock Fabrics store, plus residential units and underground parking, to the 39th/Alaska spot that had previously held the old Hancock and a Schuck’s Auto Parts store.

Though we’ve just parachuted into the ongoing testimony, we’ve been following the paperwork online since the first two lawsuits were filed in March 2009 – as of right now, online records show 417 separate filings since the cases were consolidated in April of last year, some with triple-digit page counts, like the 100-plus-page list of evidence filed just before trial. One of the key points of contention – did construction work really ever start on the site, and who owes what to whom? (There was a ceremonial groundbreaking in June 2008; demolition work began weeks later – but work idled on the site later in the year, and it was finally revealed that the project had fallen apart and was headed for court.)

Meantime, the site’s future ownership – and ostensibly, future development – is linked to the outcome of this; a potential new owner has been seeking “judicial foreclosure” for more than a year, but as we understand it (at least pending a review of all the latest court docs), nothing will change till some of the key issues are settled – particularly liens for key project figures who say they’re owed money. We’ll track this as best we can during the trial (and of course, beyond).

17 Replies to "Trial under way in tussle over West Seattle site dubbed 'The Hole'"

  • Baba October 20, 2010 (4:12 pm)

    There is so much I want to say, but afraid it was already said before…

  • AnotherIdiotInWS October 20, 2010 (4:20 pm)

    Hey… how is the Safeway hole coming along on Stone Way? That thing is what… 3 or 4 years older than this one!

  • David October 20, 2010 (4:52 pm)

    West Seattle should sue Ledcor and Aero Construction for leaving us with an eye sore for two years.

    • WSB October 20, 2010 (4:57 pm)

      Those are only 2 of the parties to the lawsuit, fyi. I will amend the report later to list everybody. That’s just how it’s listed on the calendar because not everyone will fit … TR

  • smash the state October 20, 2010 (5:06 pm)

    how can you stand the stink in that courtroom?

    no, seriously….

  • redblack October 20, 2010 (9:27 pm)

    without slogging through the links, TR, can you provide any simple clarification as to why two construction firms are respective plaintiff and defendant?

    • WSB October 20, 2010 (9:41 pm)

      That’s just how it’s listed on the calendar. I have not had a chance to go thru the newest documents yet to figure out exactly where things stand … all along the way there have been buckets of motions, rulings, people petitioning to have their particular lien prioritized over the lien of company X, etc. — but thought people would want to know that the trial had begun.
      .
      Looking at one of the newest documents – the 100-plus-page “joint statement of evidence” (which I hope to read thru later tonight) – the official attribution for the case is:
      Aero Construction, Plaintiff
      vs.
      Ledcor Construction, et al, Defendants
      =======
      Malcolm Drilling Company and Hancock Fabrics, Third-Party Plaintiffs
      vs.
      Voka, Inc., Third-Party Defendants

      ======
      3922 SW Alaska LLC, Intervenor Plaintiff
      vs.
      Fauntleroy Place LLC
      =======
      Ledcor Construction
      Aero Construction
      D’Amato Conversano dba DCI Engineers
      Kleinfelder West
      Clearcreek Contractors
      Core Design
      Systech Environmental Corp
      Malcolm Drilling Co.
      Gonsalves and Santucci dba Conco
      Merit Electric
      Voka Inc.
      Abossein Engineering
      Waste Management Disposal Services of Oregon Inc.
      Hancock Fabrics Inc.
      Intervenor Defendants
      .
      That is ALL the sweeping description of who’s suing who.
      If there’s any chance that doc is small enough to upload here, I will.
      Meantime, we have a few more stories to slog through from today first :)

  • old timer October 20, 2010 (10:58 pm)

    Deepest respect for you WSB in following this twisted trail as it winds ever deeper into the murky pits of money gone bad.
    That’s a great photo of ‘The Hole”!
    Too bad the trial couldn’t be that clear.
    Thanks.

  • austin October 21, 2010 (8:16 am)

    Such a crock. The city should just take back our land and fine everybody who was involved in this project.

  • b-squared October 21, 2010 (8:34 am)

    Agree, Austin. It’s just wrong that developer can do this. i’m sure glad i don’t have to live beside it. the hole surely can’t add value to the surrounding properties in that state.

    To visit the “ghost of Schucks/Hancock”, go to google earth and with with 3D buildings turned on, you can tip the screen so that the old building is floating above the hole (perhaps out of disgust;)

  • wseadawg October 21, 2010 (8:48 am)

    The bright side for me is that we are finally moving towards some resolution and hopefully progress. Plus, I hope we never get Whole Foods, because it’s CEO is a lying, conniving, anti-competitive fraud artist, and patronizing his store chain only reinforces his putrid personality type in the marketplace. Trader Joe’s, yay; Whole Foods, Boo-Hiss!

  • EmmyJane October 21, 2010 (9:23 am)

    I agree that the individuals responsible for “the Hole” shouldn’t be able to do this, but I’m equally mad at Huling/Gee for the entire block and a half of empty buildings next to the Hole. The Huling property is becoming more and more of an eye sore every day, and isn’t Huling supposed to be someone who’s a respected member of our community?

  • Cheryl October 21, 2010 (11:57 am)

    I wish we could have a small hospital or emergency clinic in West Seattle. And what a perfect place for it to go. Who needs another grocery store anyway?

  • Whole Hole October 21, 2010 (1:55 pm)

    I thought we’ve been collectively calling this “Hole Foods” and not “The Hole”? Did WSB receive a cease and desist regarding the use of “Hole Foods”? Just curious.

    • WSB October 21, 2010 (2:00 pm)

      Whole – Funny, I just noted this on FB. Nope, no cease and desist. The few times in our life as a news organization so far that we’ve gotten anybody telling us anything like “delete (whatever)” or “stop (whatever),” we’ve fought back and so far haven’t lost. (a) We know the law VERY well, (b) we know very well how to be fair and accurate, and (c) when needed, we have a most-excellent lawyer. That said, I decided some months back to change how we referred to it because Whole Foods no longer has anything to do with it. They had contracted for a shell of a store – the shell of the store was not delivered on time – they announced they were out. (As we reported a few months ago … I will look up the URL in a bit) – TR

  • sgs October 21, 2010 (2:52 pm)

    Cheryl, what a great idea for an emergency clinic. Not sure how those get developed, but given our upcoming traffic nightmares with the viaduct, etc. Highline Hospital is the closest and it takes 25 minutes to get there….

  • AnotherIdiotInWS October 21, 2010 (5:57 pm)

    So…. wseadawg… what makes you go on and on about Whole Foods? D0es you really not understand whose fault this is? And you cheer Trader Joes? Yeah, because we need more cheap, processed second-rate junk to eat.
    .
    Nuttin’ like this Two-Buck Chuck! Do you want to talk about conniving? Do some research in why the CEO came up with the Two-Buck Chuck. Yeah, nice guy.

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