By Tracy Record
West Seattle Blog editor
A new development in the lawsuit filed by a West Seattle development firm over the city’s contention that it owes compensation to tenants of a Junction apartment building it plans to demolish: The city has filed a motion to dismiss the suit, saying that since it hasn’t even moved forward to enforce the compensation issue, it’s too soon for the developer to sue – first it would have to challenge the enforcement action, if that ever happens.
SeattlePI.com broke the story of the lawsuit last month; it was filed by an entity of West Seattle-based development firm Blueprint against the city and against the tenants of 4528 44th SW (King County Assessor’s Office photo, above).
As first reported here last November, that 8-unit building is proposed to be torn down and replaced by a building with about 60 apartments. (The microhousing project passed the first phase of Design Review in March.)
The city issued a Notice of Violation on June 5th against Blueprint 4528 LLC, saying that it was violating the city’s Tenant Relocation Assistance Ordinance by not obtaining a Tenant Relocation License, which could have enabled compensation to the seven tenants as required if demolition is displacing renters; the company replied that the tenants weren’t being displaced by demolition, because they all have leases that expire in December, and the project won’t start until after that. The city’s filing for dismissal says that the company should make that case if and when enforcement is sought, not before that: “Other than being frustrated that the city issued a NOV, Plaintiff is not harmed by the NOV, or for having to wait for the City to take enforcement action,” the filing says.
No response by Blueprint 4528 LLC is on file yet; the dismissal motion was just filed on Wednesday afternoon. A hearing on the motion is set for September 2nd.