The city of Kenmore is facing a lawsuit from three parties involved in the deconstruction of the old 520 floating bridge after a March 28 letter sent by the city blocked the planned demolition.
On April 18, the city was served with notice that the Washington State Department of Transportation’s 520 bridge contractor, Kiewit-General-Manson, along with Lakepointe Inc. and Pioneer Towing Co., had sued the city in King County Superior Court.
In the documents, KGM asked the court to stay Kenmore’s decision until a full ruling could be issued. This would allow KGM to proceed with demolition plans, involving barging large pieces of concrete to the Lakepointe facility in Kenmore at the mouth of the Sammamish River before breaking them down into smaller chunks on-site and trucking them away.
According to the March 28 letter written by Kenmore City Manager Rob Karlinsey, although the city issued a permit for KGM to construct the bridge in 2011, deconstruction was not permitted for under zoning changes implemented in 2014. Legal justification for blocking KGM was based on land use regulations.
In the court documents, KGM argues deconstruction was always a stated part of the 520 bridge project approved by Kenmore in 2011 and is not significantly different in nature from construction activities.
KGM also argued that the site has been utilized for industrial uses since the 1950s and it’s current use is only a continuation.
In the documents KGM asks the court to grant a stay and overturn Kenmore’s decision. KGM also filed appeals with the city’s hearings examiner and a land use examiner, Kenmore Mayor David Baker said.
In an email statement, KGM spokesperson Tom Janssen said “to keep all options open and allow for continued discussions with the City of Kenmore, Kiewit/General/Manson had to formally appeal the land use decision by the April 18 deadline. We are confident that an acceptable plan for managing bridge materials can be reached soon.”
Baker said despite the lawsuit the city had not changed it’s position and the lawsuit was expected.
“I don’t think it’s that much of a surprise,” he said. “Our answer is still no.”
City attorneys are looking over the lawsuit, Baker said.
If immediate relief is not granted or a hearings examination does not overturn the city’s decision, a trial in county superior court is set for Sept. 19.
The old 520 bridge deconstruction was set to begin on April 25 in conjunction with traffic being fully routed onto the new bridge.