Appeal filed with Washington State Court of Appeals
On June 25, 2013, the City of Kirkland filed a Notice of Appeal with the Washington State Court of Appeals, Division 1, regarding the proposed Potala Village project. The City seeks the Appeals Court’s consideration of a Superior Court ruling that declared the proposed mixed-used project was entitled to apply for development and building permits under the City’s pre-moratorium codes. The City disagrees with the vesting rule and filed its appeal due to statutory requirements.
On May 13, 2013, Hon. Monica J. Benton, King County Superior Court, ruled the developer, Lobsang Dargey of Dargey Enterprises, was vested under city codes when he applied for development permits, including a shoreline permit, in 2011. The City sought a reconsideration of the vesting ruling which Judge Benton granted on May 29, 2013. However, on June 3, 2013 Judge Benton denied the City’s motion stating in her order that she “mistakenly filed an order granting reconsideration.” It is not known when the City’s appeal will be heard by the Appeals Court.