Editor’s note: In the past five years, the city of Bainbridge Island has been in Kitsap County Superior Court at least 16 times (172 times since 1991), and its police four times and its school district three times. This series looks at those records to show what kinds of cases have gone to court. This article looks at the city’s cases.
CITY OF BI
Dec. 22, 2022
Astolfo Rueda filed a suit against the city and an individual. He says that since a creek has not been maintained flooding has occurred in the Pleasant Beach neighborhood. Reuda says the damages will be proved at trial. The city is involved because the hearing examiner made an error in his land-use decision that mitigation was not needed, the suit claims.
Nov. 10, 2022
This suit was in the other lawsuit article under BI Police. So, briefly, court records show Margaret Dufresne of Bainbridge Island is suing the city in a personal injury case. Dufresne claims that Joan Geraghty for four years has harassed her as she walks by her house to get to the construction site of her new home. It adds that Dufresne is entitled to damages in amount that she will prove at trial.
Jan. 14, 2022
Virginia Mason Franciscan Health sued the city and others. While it says that it supports affordable housing, it did not think the city hearing examiner required enough parking for the Wintergreen Townhomes project to be built next to Virginia Mason. It claims the shortfall would hurt its business. The lawsuit was later dismissed as the parties came to an agreement.
Oct. 20, 2020
Kathryn and Daniel Thompson sued the city over personal injury. She and her husband were riding bikes on Blakely Hill Road when she hit a water berm and crashed, suffering serious injuries. The claim says the city was negligent in not fixing the road or warning folks of the hazard. Kathyrn suffered numerous injuries and the Thompsons sought relief for economic and non-economic damages to be determined at trial. The case was dismissed without prejudice.
April 8, 2020
Winslow neighbors sued the city and others over the Madison Avenue development. It was over the hearing examiner’s decision to allow a conditional use permit to develop 1.85 acres with an 87-room hotel, banquet space, meeting rooms, restaurant-bar and spa. The neighbors want to protect the Winslow way of life.
Dec. 16, 2019
Urban Bainbridge LLC sued the city over a moratorium on self-storage units. A city planner said the LLC’s project was vested and not subject to the temporary moratorium. The case was dismissed without prejudice as the petitioner filed an appeal to the Central Puget Sound Growth Management Hearings Board.
Dec. 5, 2019
Paul and Jennifer Clark sued the city. They wanted to build a home on 2.33 acres. There were neighborhood complaints when they started cutting down trees. The hearing examiner agreed. Later the case was asked to be sent to U.S. District Court.
Sept. 4, 2019
Lisa Schulze sued the city over public records. She wanted to see all communications between then-City Councilmember Ron Peltier and Don Peterson, including phone calls, messages, texts and emails. There was debate on what was public since Peltier used his private phone. Summary judgment was granted.
May 28, 2019
The city was sued over the Public Records Act. Jane Doe, who ended up being named as Moira Landvatter, was charged with driving under the influence and entered a pre-trial diversion agreement. The city argued police records and video are exempt from disclosure from requestor Jay L. Horowitz, saying it would violate the privacy act. The case was dismissed without prejudice.
May 28, 2019
This is basically the same case as the previous, except with a different Jane Doe, who ended up being named as Claire Kennell. The city was sued over the Public Records Act. Jane Doe was charged with driving under the influence and entered a pre-trial diversion agreement. The city argued police records and video are exempt from disclosure from requestor Jay L. Horowitz, saying it would violate the privacy act. The case was dismissed without prejudice.
June 12, 2018
Thomas Clune took the BI Rowing Club to court because it was responsible for the site where Clune fell at Waterfront Park. He was a volunteer for the community event Bike for Pie. His bike got caught in a ditch, causing him to fall over his handlebars onto his face and left arm. The ditch was overgrown with vegetation so it was hard to see. The area was formed by runoff of water rowing club members used to clean their boats. Clune has incurred damage to his personal property, medical expenses, loss of earnings and earning capacity, and general damages. The parties settled out of court.
Nov. 29, 2018
The Kitsap County Association of Realtors and others sued the city and others. The focus of the challenge is the city’s designation of the entire island as a “critical aquifer recharge area,” making an Aquifer Recharge Protection Area for 90% of Bainbridge’s land base, making almost all development and use prohibited. It was dismissed without prejudice.
Aug. 7, 2018
This filing in the Thomas Clune case added the city as a defendant. Clune fell while riding his bike. Due to the city negligence, he suffered some injuries that were not surgically repairable, the suit says.
July 27, 2018
Rodney and Sandy Rich were involved in a property dispute with neighbors. They constructed terraces to stabilize a steep bank. The city refused to accept an after-the-fact application. It ended up being dismissed without prejudice.
March 20, 2018
The Kitsap County Board of Realtors sued the city over its critical areas ordinance. The essence of the case was the new law was too restrictive and would place a tremendous burden for any type of development. “Development rights are beyond question a valuable right in property,” the state Supreme Court is quoted as saying. The case was dismissed before trial.
March 6, 2018
Blackwood Holdings LLC filed a plat application for seven lots. The city refused to approve it, preventing the plaintiff from selling or developing homes there, including a model home worth about $1 million. The hearing examiner approved it but was challenged by two neighbors. It goes on to say the City Council acted “illegally and in excess of its jurisdiction.” The case was dismissed without trial as the parties settled.
