Challenge to Hollander's Site 4 Plans Dismissed by Court of Appeals
Hollander Investments’ quest to build a hotel on the Thea Foss may be one step closer. Two days ago, after two years of challenges, the Washington State court of appeals reaffirmed the Shoreline Hearing Board’s decision that KS Tacoma Holdings (aka the Hotel Murano) had no standing to appeal the permit revision granted to Hollander Investments.
We’ve been writing about Foss Site 4, the empty building site between the Esplanade and Thea’s Landing since the early days of Exit133. During most of that time, the plans have been for a hotel. Over the years, the hotel and mixed use configuration has changed as the economy twisted and turned. Then, in 2009, Bellingham based Hollander Investments took up the challenge and presented a plan for two hotels, an office building, retail and marine support facilities. The project prompted long debates in City Hall over relatively routine environmental indemnification and union wages. Eventually the project received the indemnification it needed and the shoreline permit for the site was amended for the project.
KS Holdings then appealed the shoreline permit claiming it was inconsistent with the Shoreline Management Act and the City of Tacoma’s Shoreline Master Plan. In June 2010 the Shoreline Hearing Board dismissed the claim. KS Holdings asked for reconsideration but was again denied. In August 2010 KS Holdings appealed the decision to the Thurston County Superior Court where both KS Holdings and the City asked for immediate consideration by the Washington State Court of Appeals. The Court of Appeals took the case. Then we wait …
The decision this week once again ruled in favor of Hollander Investments and is a fascinating read on the history of the site and the legal wranglings.
Where does the project go next given the current economic situation? Will we see a new hotel on the Foss any time soon?
Read the opinion by downloading the pdf or online at www.courts.wa.gov
Most recent previously: Hollander’s Foss Site 4 plans delayed again
Thank you Peter Peter for the tip.
Filed under: Tacoma Business, Developments, Hotels, Foss Waterfront, Foss Hotel
6 comments
J Jones January 26, 2012
Is the Murano claiming personhood?
“KS Tacoma contends that the land use, aesthetic, and view impacts of the Hollander revision show that it will suffer an injury-in-fact sufficient to demonstrate its standing to challenge the 2009 revision. Hollander and the City argue that KS Tacoma, as a for-profit corporation, has failed to show it will personally suffer any injury from the 2009 revision apart from a speculative economic injury as a competitor to the proposed hotel development. To the extent this argument would diminish KS Tacoma’s rights as a “person” under RCW 34.05.010(14), we reject this argument based on an asserted distinction between a corporation and an individual.”
J Jesse January 26, 2012
With all of this mess, it seems everyone is trying to accommodate everyone’s agendas. No wonder nothing ever gets built in Tacoma. How much money do you think Hollander has in fighting these worthless arguments/lawsuits? Are we shooting for their bankruptcy so they can’t ever build anything there? (Well, the Murano is)
R RR Anderson January 26, 2012
hopefully Murano will have to pay legal costs.
Go burry yourself in a hole Murano!
R RR Anderson January 26, 2012
City gave Murano a free stupid public art sculpture and bicentennial pavilion… tell them to stuff it!
T talus January 26, 2012
Good — I’ve never forgiven KS Holdings (the Murano) for driving Wintergrass out of town. McMenamin’s (or maybe the eventual hotel on the Foss) should bring our festival back to Tacoma.
E Erik B, January 26, 2012
Build the Foss Hotel already….and add some more humans to downtown Tacoma!