EFoLW_logo_140x62.gif (2203 bytes)

Public Document Library Table of Contents

Legal Proceedings

Friends of Magnuson Park (FOMP) made multiple legal challenges against the Seattle Parks Department’s plan to construction of 11 lighted sport fields with artificial turf at Magnuson Park. All related to the adequancy of the the Environmental Impact Statement (EIS) prepared on behalf of the Seattle Parks Department by private consulting firms.

The first round of FOMP’s legal challenges took place in 2003 before a deputy hearing examiner from Seattle’s "Office of Hearing Examiner," a nominally independent Seattle city department established to conduct hearings when someone disagrees with certain decisions made by a City agency. For a thorough overview of these legal proceedings, see the brief, "Friends of Magnuson Park (FOMP) Legal Proceedings Before the Seattle Hearing Examiner."

The second round of EIS legal challenges took place in the last quarter of 2004 and first quarter of 2005. The venue as King County Superior Court. In April 2005, FOMP withdrew its EIS challenge.


King County Superior Court

Number / Title / Dates / Link

Summary

Title: Order Affirming Land Use Decision

Date: Mar. 18, 2005

Author: King County Superior Court Judge Linda Lau

Number of pages: 2

Links: Judge's Decision (60 KB)

.

Title: Petitioners Reply Brief

Date: Dec. 13, 2004

Author: David Mann (FOMP attorney)

Number of pages: 32

Links: Brief (312 KB)

.

Title: City of Seattle's Response Brief

Date: Dec. 6, 2004

Author: Margaret Klockars (Assistant City Attorney)

Number of pages: 26

Links: Brief (915 KB)

.

Title: Petitioners Opening Brief

Date: Nov. 25, 2004

Author: David Mann (FOMP attorney)

Number of pages: 32

Links: Brief (1,354 KB)

.


Seattle City Hearing Examiner

Number / Title / Dates / Link

Summary

Findings and Decision of Hearing Examiner

Hearing Examiner File: W-03-006

Date: August 28, 2003

Examiner: Anne Watanabe

Number of pages: 8

Link: http://clerk.ci.seattle.wa.us/
~scripts/nph-brs.exe?s1=&s2=Magnuson
&s3=&S4=&Sect4=AND&l=20&Sect1=IMAGE&
Sect3=PLURON&Sect5=HEAR1&Sect6=HITOFF
&d=HEAR&p=1&u=/~public/HEAR1.htm&r=2&f=G

Hearing examiner rules that the Supplemental Environmental Impact Statement (EIS) published by the Seattle Parks Department in May 2003 is adequate.
Findings and Decision of Hearing Examiner

Hearing Examiner File: W-02-003

Date: February 26, 2003

Examiner: Anne Watanabe

Number of pages: 14

Link: http://clerk.ci.seattle.wa.us/
~scripts/nph-brs.exe?s1=W-02-003+
&s2=&s3=&S4=&Sect4=AND&l=20&Sect1=IMAGE
&Sect3=PLURON&Sect5=HEAR1&Sect6=HITOFF
&d=HEAR&p=1&u=%2F%7Epublic%2FHEAR1.htm&r=1&f=G

Hearing examiner concludes that the Environmental Impact Statement (EIS) published by the Seattle Parks Department in July 2002 is inadequate for failure to analyze the proposal's potential noise impacts on wildlife and compels Parks Department to prepare a Supplemental EIS covering the impacts of sports field noise on wildlife.
Appellant's Post Hearing Memorandum

Associated Hearing Examiner File: W-03-006

Date: August 2003

Author: David Mann (FOMP attorney)

Number of pages: 17

Link: W-03-006_Appellants_Post_Hearing.pdf (174 KB)

*
Appellant's Post Hearing Memorandum

Associated Examiner File: W-02-003

Date: February 7, 2003

Author: David Mann (FOMP attorney)

Number of pages: 28

Link: W-02-003_Appellants_Post_Hearing.pdf (238 KB)

*
Appellant's PreHearing Memorandum

Associated Examiner File: W-02-003

Date: January, 2003

Author: David Mann (FOMP attorney)

Number of pages: 12

Link: W-02-003_Appellants_Pre_Hearing.pdf (154 KB)

*
Appellant's Reply in Support of its Motion for Summary Judgement

Associated Examiner File: W-02-003

Date: January 2003

Author: David Mann (FOMP attorney)

Number of pages: 7

Link: W-02-003_Appellants_SumJudge_Reply.pdf (141 KB)

*
Appellant's Motion for Summary Judgement

Associated Examiner File: W-02-003

Date: January 2003

Author: David Mann (FOMP attorney)

Number of pages: 8

Link: W-02-003_Appellants_SumJudge_Motion.pdf (217 KB)

*
Park's Closing Brief

Associated Examiner File: W-03-006

Date: August 18, 2003

Author: Ketil Freeman (City attorney)

Number of pages: 20

Link: W-03-006_ParksClosingBriefing.pdf (754 KB)

*
Park's Response to Dr. Stenberg's Report

Associated Examiner File: W-03-006

Date: August 13, 2003

Author: Ketil Freeman (City attorney)

Number of pages: 6

Link: W-03-006_ParksResponsetoDrStenbergRpt.pdf (240 KB)

*
Declaration of Eric Friedli in Opposition to Motion for Continuance

Associated Examiner File: W-03-006

Date: July 17, 2003

Author: Eric Friedli (Parks Dept.)

Number of pages: 4

Link: W-03-006_ParksFriedliOppToContinuance.pdf (104 KB)

*
Park's Post Hearing Memo

Associated Examiner File: W-02-003

Date: February 7, 2003

Author: Bernard Glynn (Assistent City attorney)

Number of pages: 37

Link: W-02-003_ParksPostHearingMemo.pdf (1,310 KB)

*
Park's Prehearing Memorandum

Associated Examiner File: W-02-003

Date: January 21, 2003

Author: Bernard Glynn (Assistent City attorney)

Number of pages: 12

Link: W-02-003_ParksPreHearingMemo.pdf (380 KB)

*
Park's Opposition to Summary Judgment

Associated Examiner File: W-02-003

Date: January 10, 2003

Author: Bernard Glynn (Assistent City attorney)

Number of pages: 13

Link: W-02-003_ParksOppToSumJudge.pdf (456 KB)

*
Declaration of Eric Friedli in Opposition to Summary Judgment

Associated Examiner File: W-02-003

Date: January 9, 2003

Author: Eric Friedli (Parks Dept.)

Number of pages: 6

Link: W-02-003_ParksFriedliOppToSumJudge.pdf (217 KB)

*
Park's Opposition to Third Continuance

Associated Examiner File: W-02-003

Date: December 11, 2002

Author: Bernard Glynn (Assistent City attorney)

Number of pages: 3

Link: W-02-003_ParksOppToThirdContinuance.pdf (106 KB)

*

[Page last updated 5/4/05]