Benchview won a second important decision at King County Superior Court on Aug. 22.
Duffus tried to get the judge to change her decision which helped Benchview (See previous post.). But the judge said, “No.” Her decision stands. Here’s the court document.
This means the question is back onto the Mayor / DPD: Will the City of Seattle:
Please contact the mayor and tell him what you think the City should do. Here are tips on contacting him.
Thanks to all for your continued support!
– Benchview N’hood Assoc.
Per a previous post, Benchview won a key decision in King Co. Superior Court. Our lawyer believes this means that now Duffus can only have 2 houses here, not 3.
But Duffus’ team of lawyers know all the legal tools they can use to try to win this dispute. (After all, the lawyer Duffus hired to fight our small neighborhood is the same lawyer the Seattle Mariners hired in their dispute against billionaire Chris Hansen and the City of Seattle.)
Duffus’ team submitted a “Request to Reconsider,” which asks the judge to change her decision so that it no longer helps the neighborhood. Because of this tactic, the neighborhood determined that we had to defend the judge’s decision, which cost us even more money.
The judge is expected to make a decision on the “request to reconsider” during the week of Aug. 19. [No news as of Aug 21 at 9 pm]
Documents for the Request to Reconsider, a.k.a. “Round 2 of Duffus v. Benchview N’hood Assoc.” is on our court case page.
As the previous blog post said, our lawyer and Benchview believe that because the judge said the LBA was erroneous, it is dead and Duffus must submit a new one. However, a key loophole will not work under a new LBA, so now Duffus only has 2 lots now, not 3.
But Duffus is trying to get around that. His team submitted a request to DPD to revise the lot lines of his dead LBA. That way he still gets 3 houses on 2 lots, including a three story house 30′ tall and 23′ wide.
Incredibly, Duffus had to use yet another loophole to try to modify that dead LBA. Now his house on Manning St wouldn’t even have the required 5′ side yard we regular folks must have by law. Instead, Duffus would use the easement loophole to get around the side yard rule.
DPD needs to make it crystal clear that the old LBA is dead. DPD has the power to do that by revoking the old LBA because it was issued in error.
Please contact Mayor McGinn and tell him to revoke that dead permit. Our “How to Help” page has everything you need to send a quick email.