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SUBURBAN CITIES
Developer files $15 million claim against Gig Harbor
Published: 10/28/09   7:04 am   |   Updated: 10/27/09   6:44 pm
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A developer filed a $15 million claim against Gig Harbor and its City Council this afternoon, contending they unnecessarily delayed construction of an affordable housing project for more than two years.

Gordon Rush still intends to build the 174-lot Courtyards at Skansie Park, he said today. But the council’s legal battles against the project cost him money, deprived the community of construction jobs and will result in higher prices for the homes, Rush and his attorney told The News Tribune.

He worked well with city staff for more than two years and believed the development was on its way when a hearing examiner approved it in January 2007, Rush said. But the council stepped in and began a lengthy series of appeals.

“This is a means of last resort,” Rush said of the claim. “I would never dream of doing this.”

Mayor Chuck Hunter said this afternoon he didn't know enough about the just-filed claim to comment on it. Neither City Attorney Angela Belbeck nor former City Attorney Carol Morris could be reached for comment.

The city has 60 days to respond to the claim. If that waiting period expires without a settlement, Rush is free to file a lawsuit in the case.

The development is planned at the northeast corner of Hunt Street and Skansie Avenue.

The way was cleared for Rush to proceed in seeking permits when the Washington Supreme Court refused to hear the city’s case last month. Several rulings in favor of the project had previously been issued by a hearings examiner, Pierce County Superior Court and State Court of Appeals.

Named in the claim are the city and its individual council members, Steve Ekberg, Derek Young, Jim Franich, Paul Conan, Timothy Payne, Paul Kadzik and Ken Malich. Former Councilman Bob Dick is also named.

Mayor Hunter is not named in the claim because he didn’t vote on the issue as it went through the appeals process, said Patrick Palace, the Tacoma attorney representing Rush.

Both Rush and Palace said the Courtyards at Skansie Park project is designed to bring home ownership to many people who work in the area but can’t afford to buy in a community where the median home price is around $400,000.

Rush planned to open the Courtyards at Skansie Park in “the low 200s,” he said. Delays and added fees adopted by the Gig Harbor City Council over the last two years could push the price of each home up by around $25,000, he said.

Kris Sherman: 253-597-8659 kris.sherman@thenewstribune.com

 

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