Category : Litigation

Rep y * 0 LAY R* T A OVEMBER 10,2011 You may know that a class action lawsuit has been filed to recover real property value damages that the Port of Seattle's Third Runway operations have caused. But over two years has passed since that lawsuit was first filed because the Port is still fighting to prevent the class action from going forward. As of today, the · on class certification until November 18, 2011. Even if the Court certifies that class action, it is to the value of your real property (e.g., the Third Runway has reduced the value of your real property). The class action lawsuit will *not* cover other damages, like personal injury, annoyance, or damage to property other than real property. If the Third Runway caused you to suffer any damages other than reducing the value of your real prQJilert~', su !:J. as personal injury or annoyance, Washington law *REQUIRES* you to file a lawsuit within three wlwB ~..ou first suffere hose damages. For most property owners, this will be three years from tlw date I bird Runway started operations. Our law firm, Pfm 'lLhran Vertet''L· mala PLLC, fill'd t• .......... ,.,.., people who are stung the Port of Seattle for other Cl. m Third Runway has caused you to suffer personal injur a noyance, or damages other than damage to the value of your real property, and if you want to protect your claim, please contact us NO LATER than November 10, 2011, by calling…

FM: James L. Brewer, Legal Counsel ("{i;f" RE: Des Moines Beach Park Kimberly Lockard has asked me to give you a written analysis of the County's role and jurisdiction on the issue of the proposed operation in Des Moines Beach Park of a fill material conveyor belt. I would like to thank Scott Johnson, Deputy Prosecuting Attorney, for his assistance to me in responding to your request. King County owns a real property interest in one section of the Des Moines Beach Park. The deed conveying that portion of the park from the County to Des Moines has a covenant granting: "King County and its people for their benefit the right to use the real property herein for public park and recreation purposes in perpetuity." If that portion of the park is ever used for other purposes without the written consent of King County, ownership of the park property reverts to King County. In addition, Des Moines is under a contractual obligation to King County to only use the park for "park and recreation" purposes unless King County consents to the inconsistent use and other land is substituted. This obligation applies to the entire park. It is likely these covenants were included, in part, because King County's contribution to the purchase of the park came from Forward Thrust bond proceecis. The Office of the Prosecuting Attorney has indicated that it is their understanding that Des Moines Creek Park also was purchased by King County with Forward Thrust bond proceeds. The…

Legal memorandum analyzing King County’s role in proposed Des Moines Beach Park conveyor belt operation, including property rights and park use restrictions. Includes Department of Ecology letter clarifying fill material certification requirements for Port of Seattle’s third runway construction.

On February 3rd and 4th, Seattle television station KIRO aired an expose titled "Exposed Hidden Dangers at Sea-Tac Airport". Their investigation ofthe NASA AMES files documented hundreds of near misses, close incursions, and mechanical problems in the very crowded airspace near Sea-Tac airport. The fact that these incidents are not reported (by the pilots, the airlines, or the aircraft controllers) to the FAA and then to the decision making local public officials is very serious. The FAA is the public lead ~gency responsible for protecting public safety in aviation matters. The KIRO report uncovered very disturbing information that may be only the tip of the iceberg. 'Ihe investigation indicated that there could be other agencies keeping information about safety issues at Sea-Tac Airport. The combined airspace of the Sea-Tac, Boeing Field, Renton, and Auburn airports now produces more than one million (1,000,000) aircraft operations a year. It should be a cause for concern that in addition to this very large number of current operations the Port of Seattle's Master Plan includes a major expansion with a 3rd runway to increase the number of operations. Would the FAA and our local officials support this expansion had they been aware of the dangers to public safety that the KIRO documentary has revealed? We are requesting that you initiate an investigation of the public safety issues that this very limited expose has uncovered. We suggest that the investigation should also cover any additional safety issues that come to light as it progresses. From…

Expert Arbitration Panel’s final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port’s noise abatement programs were insufficient despite being impressive in scope.