NVN 11/14/08 JUDGE OUT OF LINE IN KNIGHT CASE SAYS MAYOR

[California Dreamin']

Judge out of line in Knight case, says mayor
City officials say they aren?t pleased with how JZ Knight?s land use appeal on five area subdivisions was handled in Thurston County Superior Court.
Posted Nov 14, 2008. E-mail this article to a friend.
By Megan Hansen
Nisqually Valley News

City officials say they aren?t pleased with how JZ Knight?s land use appeal on five area subdivisions was handled in Thurston County Superior Court.

Judge Chris Wickham signed the final order Friday and included language that city officials said is unnecessary opinion.

Meanwhile, a press release from Knight?s public relations representative containing her official response to the ruling did not arrive by deadline Wednesday, as promised by Steve Klein, interim spokesman for the channeler.

Yelm Mayor Ron Harding said he takes issue with the judge injecting his own opinions into the ruling.

Copies of the order were not available at press time, but may be released later this week.

?I believe it?s improper (to have those opinions in there),? Harding said. ?It makes a complicated issue that much more ambiguous.?

?It?s clouding the whole issue of water.?

In the judge?s findings, the city is required to prove potable water at final plat approval and notify Knight of water issued to the developments.

This included taking ?/or? out of the hearing examiner?s decision, something the city had already agreed to do.

?The findings on Friday are just part of a long process,? Harding said. ?(The added verbiage) really doesn?t make a difference.?

However, they do have 30 days to appeal.

The city also took offense to how the order was created, and believes it was unprofessional, said Harding.

Both parties were supposed to come back with suggestions on how the order should be worded, Harding said.

The judge disregarded everything the city suggested.

?We may, as a city, go to the next stage,? Harding said. ?(We) will look this week to decide if we want to appeal.?

?I?m confident in the end, the city will prevail.?