The Port of Tacoma filed a lawsuit today against Thurston County for "unlawful, arbitrary and capricious" land use challenges to the Port's former Maytown property.
The current property owner, Maytown Sand & Gravel, has filed a similar lawsuit against Thurston County.
The lawsuits, filed in Lewis County Superior Court, also name the Friends of Rocky Prairie and Black Hills Audubon Society as “additional respondents.”
The 745-acre property in southern Thurston County holds a valid special use permit for gravel mining, confirmed by Thurston County Hearing Examiner Sharon Rice’s Dec. 30 decision during the permit’s five-year review.
The Friends of Rocky Prairie and Black Hills Audubon Society appealed that decision to the Thurston Board of County Commissioners. The board, in their March 14 decision, again confirmed most of the hearing examiner’s ruling.
The board, however, directed the hearing examiner to require new studies of critical area designations and reopened parts of the unappealed 2005 gravel mining permit for additional field investigations. This action violates Washington Supreme Court rulings on the finality of land use decisions.
Further delays to Maytown Sand & Gravel’s mining operating could jeopardize the Port’s sale of the property to the company.
The lawsuit seeks damages to protect the investment made on behalf of Pierce County citizens.
Background on the Port’s property ownership
The Port bought the property near Maytown in 2006 for $21.25 million as a potential site for rail system enhancements.
The Maytown site was one of several regional sites evaluated through a joint effort between the Port of Tacoma and the Port of Olympia.
After purchasing the site, which once housed an explosives manufacturing plant, the Port of Tacoma assumed responsibility for environmental cleanup under an Agreed Order with the state Department of Ecology. The Port completed a cultural resource inventory, cleaned or removed contaminated soils, pulled invasive weeds by hand, removed unsafe structures and continued monitoring groundwater for contamination.
The Port also took steps needed to keep the property’s existing gravel mining permit in place. The permit, which notes the property contains “mineral lands of long-term commercial significance,” includes a reclamation plan to build and maintain habitat after the approved amount of gravel is removed during the permit’s 20-year life. The reclamation plan was based on an agreement among several groups with conservation interests, including Capitol Land Trust and Black Hills Audubon Society.
A slowing economy reduced immediate need for port- or rail-related development. Nearby Thurston County residents also expressed concern about expanded industrial activity on the property.
Both port commissions decided to allow their agreement to expire in 2008, and the Port of Tacoma announced plans to sell the property.
Maytown Sand & Gravel, a limited liability corporation made up of principals from Southwind Realty Group and Lloyd Enterprises, bought the 745-acre property in March 2010.
About the Port of Tacoma
The Port of Tacoma is an economic engine for South Puget Sound, with more than 43,000 family-wage jobs in Pierce County and 113,000 jobs across Washington state connected to Port activities. A major gateway to Asia and Alaska, the Port of Tacoma is among the largest container ports in North America. The Port is also a major center for bulk, breakbulk and project/heavy-lift cargoes, as well as automobiles and trucks.
About Maytown Sand & Gravel
For more information about Maytown Sand & Gravel, contact John Hempelmann with Cairncross & Hempelmann at (206) 972-3333.