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Saves you time. Saves you money. Makes you smarter.The News Tribune, Tacoma, WA -
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RUSS CARMACK/THE NEWS TRIBUNE FILE
Mike Stanzel, at his North Puyallup go-cart track in 2005, is suing the City of Puyallup for access to water.

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Annexation fight fuels water rights lawsuit in Puyallup
EIJIRO KAWADA; The News Tribune
Published: August 25th, 2007 01:00 AM
A North Puyallup businessman is asking a Pierce County judge to force the City of Puyallup to provide much-needed water so he can expand his recreation enterprise, which is located outside city boundaries.

Mike Stanzel filed a lawsuit in Superior Court last week following his decade-long struggle with the city to bring water service to his business.

The Edgewood resident owns about 10 acres in the unincorporated community where a group of residents has been trying to annex into neighboring Puyallup. Stanzel runs a minigolf course, batting cages, go-cart tracks and a paintball field there.

The group of annexation advocates says it has collected enough signatures from property owners for an annexation petition. The group believes North Puyallup and its 1,500 residents will join the city soon.

That should solve Stanzel’s problem. But that’s not what he wants, and he’s been one of the most tireless opponents of annexation.

Along with city services come city regulations, Stanzel said. In his case, his property likely will be designated for residential use once inside the city limits.

“They could even keep me from adding anything else to our business,” Stanzel said.

A few other owners of larger businesses in North Puyallup have also been blocked from getting city water, and they have opposed being part of Puyallup. They include Dennison International, which restores race cars, and Plexus Investments, which plans a five-story medical research complex in the area.

They voted against an annexation measure at the polls in 2005. They also have refused to take part in the latest petition drive.

Annexation advocates worked long and hard to collect signatures from smaller property owners representing more than 60 percent of the assessed value of the area.

Mari Lou Holland, who led the recent petition drive, said many people who actually live in North Puyallup are renters and senior citizens who desperately need ambulance and other city services.

The city already provides water to some North Puyallup residents and businesses. But for new hookups, the city wants potential customers to sign a paper saying they will support annexation.

“The solution is in his hands,” said city attorney Gary McLean, referring to Stanzel.

Stanzel has tried to get water service from the city on three separate occasions since he bought his property in 1996. On the first two, he ended up building his own well systems to expand.

“They just don’t want me here,” he said.

In the latest round of the dispute, Stanzel three years ago asked for water so he could add a game room and a restroom.

The city wanted him to sign an agreement saying he won’t oppose future annexation proposals. He refused, saying he didn’t want to give up his constitutional right to free speech in exchange for water.

He took the dispute to the Pierce County hearing examiner, where the arguments centered on whether Puyallup must provide water to areas outside its boundaries.

Deputy Hearing Examiner Mark Hurdelbrink last month agreed with Stanzel because his business is in Puyallup’s exclusive water service area.

McLean disagrees. He said a state Supreme Court ruling allows, but does not require, municipalities to provide utility service outside their boundaries under contracts.

“The Supreme Court’s decision contradicts with the hearing examiner’s personal opinion,” McLean said.

Hurdelbrink said he doesn’t have the authority to force Puyallup to provide water. Stanzel took the case to court last week.

He said he wants a sweeping decision from a judge that would help his fellow business owners get water from Puyallup.

“I don’t want it to be just for me,” he said. “I want it for everybody else, too.”


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