PORT TOWNSEND — The owners of a hardware store who filed a lawsuit against the city of Port Townsend saying that the Thomas Street roundabout caused a significant loss to business have filed a motion for summary judgment that would send the case to trial.
Federal Judge Ronald B. Leighton’s ruling, which is expected within 45 days of the Feb. 11 filing, could instead favor the city — which has filed its own motion for summary judgment asking the judge to dismiss all claims — and end the lawsuit.
Leighton may ask to hear oral arguments in the case or could decide to make his ruling based on the case file.
Ken and Jane Kelly, co-owners of Vintage Hardware at 2000 W. Sims Way, filed the lawsuit last May challenging the city for eliminating one access to the business and claiming the city made promises it did not keep about its plans.
The construction of the roundabout turned Fifth Street, which previously allowed traffic to turn off Sims Way and pull up to the front of the store, into a dead end, restricting access to the store and hurting the business, the complaint said.
“This case is about property rights and whether the government should be allowed to violate them,” said the Kellys’ attorney, Shane Seaman of Port Hadlock.
“And if you violate someone’s property rights, you are required to compensate them.”
The Kellys’ original lawsuit was filed in Jefferson County Superior Court.
It requested the judge determine the damage amount.
Its move to federal district court at the city’s request means the cost of the award will be determined at trial if it occurs, Seaman said.
Building, improvements
Ken Kelly built the Victorian-style building especially for his business, relocating from California, and made about $300,000 in improvements required by the city to Fifth Street at his own expense, he said in a court filing.
“Had I known the city was going to tear out my improvements and cut off my direct access to Sims Way three years later, I would never have agreed to improve and install Fifth Street as required,” Kelly said in his Jan. 5 declaration.
“Through the permitting process, the design and the substantial discussions with the city regarding this project, it was always my belief that Fifth Street was our parking lot with a direct access to [state Highway] 20, and I personally discussed this with city planners.”
Kelly has received the support of former Port Townsend City Councilman Geoff Masci, who said in a Feb. 11 declaration that the city chose the location of the Thomas Street roundabout “before the necessary studies justifying its location were performed.”
Masci, who chaired the Public Works Committee during the time the roundabouts were approved, said 12 alternatives were winnowed down to four without any input from his committee.
“The City Council went from presentations of alternatives at one [meeting to vote] for approval at another meeting with no intervening studies or analysis,” Masci said in his declaration.
City: Case has no merit
City Attorney John Watts said the Kellys’ case has no merit and that the city has operated within the law.
“A municipality has the authority to change traffic configurations and close streets, and does not owe abutting owners any compensation so long as reasonable access remains,” Watts wrote in an e-mail to the Peninsula Daily News.
Watts said Fifth Street in front of Vintage Hardware is a city street that the city controls and is not a private parking lot.
“The Kellys are not entitled to control the design of a public road project. That design was approved by a majority vote of elected representatives following several years of process and review of alternatives,” Watts wrote.
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
