PORT TOWNSEND — A lawsuit aimed at City Hall by a business at one of Port Townsend’s two new roundabouts has been dropped.
Ken and Jane Kelly, who own Vintage Hardware and Lighting, which overlooks the Thomas Street roundabout at 2000 W. Sims Way, did not respond to a May 16 decision by U.S. District Court Judge Robert A. Lasnik in Seattle that favored the city.
The Kellys had said construction of the roundabout as part of an Upper Sims Way road improvement project had encroached on and harmed their business.
But they missed a deadline for a possible appeal of Lasnik’s ruling.
In a message to city personnel Thursday, City Attorney John Watts wrote, “June 15 was the deadline for Kelly to file any appeal of the summary judgment [entered in favor of the city]. No appeal was filed, so the legal action against the city is concluded.”
Attorney Shane Seaman, who represented the Kellys in the lawsuit, did not respond to a request for comment Friday.
The lawsuit was originally filed in April 2010 in Jefferson County Superior Court and was moved to federal district court at the city’s request.
The argument centered around Fifth Street, which was a dirt path when Ken Kelly built the store in 2004 and was turned into a city right of way for tour buses to park next to the store.
Ken Kelly said he spent about $3,000 fixing the road and opposed the city’s proposal to turn the street into a dead end as part of the Upper Sims improvement project.
He said the city would not consider his alternative proposals and filed the suit three months prior to the roundabout’s scheduled opening.
At that time, Ken Kelly said, he did not expect the area to be restored to its pre-roundabout condition but continued seeking damages.
His business had suffered, he said, but he did not provide details.
In his ruling, Lasnik said the city did not act improperly but stated that Kelly “got the short end of the stick in this development process.”
On Friday, City Manager David Timmons called the sequence of events “unfortunate” and said “it’s time to move on.”
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or charlie.bermant@peninsuladailynews.com.
