GARDINER — Joe D’Amico has lost another skirmish in his five-year battle with Jefferson County over a shooting range and training operation located on Discovery Bay at the headquarters of his company, Security Services Northwest Inc.
The state Supreme Court declined late last week to review lower court deci- sions denying D’Amico monetary damages for what he argued was county mishandling of his land use case.
D’Amico and the county have been in ongoing litigation and appeals since 2005, when the county hearing examiner first decided that firearms training offered to police and military at the facility did not comply with county land use regulations.
So far, he’s lost at every level.
Last week’s Supreme Court decision let stand a ruling in June by the state Court of Appeals, which rejected his claim for damages against the county for communications he claims violated his right to a fair hearing.
“That in effect is the end of the damages lawsuit against the county,” said Seattle attorney Mark Johnsen, who is handling the case for the county.
D’Amico, who has battled the county over release of records, blamed the Supreme Court’s decision on the county.
“It’s easy to win when you hide evidence,” he said Monday, then declined further comment.
Just weeks ago, the county turned over copies of 87 e-mails sent or received on personal or campaign accounts of Prosecuting Attorney Juelie Dalzell, but D’Amico said the results did not satisfy his conviction there had been improper communication about his case.
The county Department of Community Development has until Dec. 1 to fulfill a similar request for e-mail records.
D’Amico’s appeal of a Superior Court decision upholding the county’s land use action is pending before the state Court of Appeals but has not been scheduled for a hearing.
D’Amico said there has been no discussion about what to do if that appeal also fails.
He told the Peninsula Daily News last year the issue has cost him $800,000 in legal fees.
Last year, he recovered a little of that when the county was ordered to pay him more than $41,000 in fines for refusing to provide phone records.
D’Amico has paid the county about $68,000 for its legal expenses in defending against his court challenges.
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Julie McCormick is a freelance writer and photographer living in Port Townsend. Contact her at 360-385-4645 or juliemccormick10!@gmail.com.
