Do Something - How you can help

1.To Pledge/Donate, contact Walt Jorgensen at waltjorgensen@comcast.net or Sherri Goulet at shardon@comcast.net

2. Download, print and distribute this OSD&LN flier to your neighbors and friends.

WE'RE WINNING the appeal of MM so far!

UPDATE ON LAWSUIT

Pledge/Donate: In January, Olympians for Smart Development & Livable Neighborhoods (OSD&LN) appealed the Missing Middle Ordinance to the Growth Management Hearings Board (GMHB).  On Friday, March 29th, we learned that we had won the 1st half of our appeal in a Summary Judgment.  There are two parts to our appeal 1) Non-compliance with the State Environmental Policy Act (SEPA), 2) Inconsistency with the Comprehensive Plan.

The way it works is that the City fills out a SEPA Checklist to see if an Environmental Impact Statement (EIS) is needed.  If an EIS is needed, then the City has to determine the environmental impacts of the Missing Middle and develop several alternative options.  Instead, the City came up with a Determination of Non-Significance (DNS), basically saying that there would be absolutely no environmental impacts from the Missing Middle.  The GMHB disagreed, ruling that the City did NOT comply with SEPA and had to go back and completely re-do the SEPA Checklist.  

To quote directly from the Summary Judgment Order, pg 10, line 22 to pg 11, line 2 "The Board is left with the firm and definite conviction that a mistake has been made as a result of the City of Olympia's issuance of a Declaration of Nonsignificance based on a Checklist which failed to adequately address the environmental impacts of the proposed action and failed to adequately address the unavoidable environmental effects.  The Board concludes (emphasis theirs) that the City action violated RCW 43.21C.030 by basing its issuance of a DNS on an inadequate Checklist

It's hard to get the GMHB to even hear this type of summary motion let alone win a judgment on it, so we're really happy and feel good about the rest of our case.

We have eleven appellants on our appeal.

The City filed their own motion for summary judgment and tried to stop our appeal by claiming that none of us appellants had "standing," i.e., that we had no right to appeal their ordinance because we would not be harmed by the Missing Middle.  It was an ill-advised ploy by the City because the requirements for standing before the GMHB are simply that someone has participated in the process, i.e., provided oral or written comments, which we (and you!) did a lot of.  The City lost their summary judgment on standing.

So that's two wins we have and now we are going for the second part of our case. There will be a hearing on May 23rd at City Hall.  We're inviting you to come, but this is the kind of hearing where you can't participate, only watch.

The City has thrown up as many legal roadblocks as possible, but we have a great legal firm* out of Seattle.  Continuing to fight the City costs money.  And, although we have a number of people who have donated to get us this far, we are looking for additional, new donors to help fund us over the finish line. 

We still have a lot of legal work ahead of us.  We've cut costs to stretch your donations by doing lots of volunteer research and grunt-work ourselves, so that our lawyers can focus on legal issues.  Your donation or pledge-to-donate would really be appreciated.  If you're already one of our previous donors - thank you; we're working for the best return possible on your investment - a livable city.

If the City MM process or MM plans seems wrong to you, JOIN US!

To Pledge/Donate, contact               Walt Jorgensen at waltjorgensen@comcast.net

                                                      or Sherri Goulet at shardon@comcast.net

* As one of the few attorneys to garner the distinction of Super Lawyers, ours has earned the respect of peers as one of the top-rated attorneys in the nation.

https://profiles.superlawyers.com/washington/seattle/lawyer/david-a-bricklin/932fd8ac-f845-476d-8894-7dbf55d83f8f.html

2.Sign our Petition

3.Or just Contact Us to get on our mailing list so that you can be kept up to date on the progress of our appeal, or to just ask questions or tell us something we need to know.

Contact Us

4. Tell your neighbors and friends about MM and our appeal: Through email or with a flier (ready-made flier here)

 

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