PORT ANGELES — A dispute over land at The Gateway transit center between Clallam Transit and Anh Voang, owner of Harbortowne Mall, was settled in court this week, with the jury awarding Voang $336,132.
Voang had sought $539,260 for the taking of her 6,960 square feet of property through eminent domain in August 2006 for the downtown transit and parking project.
The amount includes $383,820 for the property and $155,000 in damages to the Harbortowne Mall that she said occurred because of the taking of parking spaces that had been used for the building, which she also owns.
City considers appeal
The city, which will have to pay a portion of the total, is considering appealing the decision made by a jury Wednesday in Clallam County Superior Court, said City Manager Kent Myers on Thursday.
Because of its agreement with Clallam Transit concerning The Gateway — which requires the city to cover all costs that go beyond the transit agency’s $500,000 contribution and $8.1 million in state and federal grant money — the city will have to cover $56,132 of Voang’s settlement.
That figure is the difference between the settlement and Clallam Transit’s appraisal of the property, which valued it at $280,000.
The city has contributed $6.1 million to the project.
Attorney fees
But the city may have to pay even more to Voang, because her attorney, Richard Pierson of Bothell, said Thursday that he intends to seek compensation for Voang for all of her attorney and consultant fees on that matter. That could reach more than $100,000, he said.
If Judge Craddock Verser of Jefferson County, who presided over the trial to avoid conflicts of interest among Clallam County’s three judges, approves of such a motion, the city would have to cover those costs as well.
Pierson said the jury’s decision was a compromise between the appraisals from Clallam Transit and Voang’s own hired consultant. It does not include any of the additional compensation that Voang was seeking.
Voang happy
Voang said she was glad the trial was over.
“I win the case; I’m happy,” said the Chinese immigrant.
“I just wanted them to treat me right.”
Clallam Transit’s attorney, Craig Miller, said that the transit agency is also relieved to have the issue resolved.
“Clallam Transit is obviously pleased that the matter is over and we are pleased . . . that the jury did not award her as much as she requested,” he said.
Voang’s settlement brings the total cost of property acquisition for The Gateway to $3.1 million.
Voang’s settlement also places The Gateway at the limits of its $14.7 million budget.
As of April 30, there was $84,665 left in the budget for cost overruns.
Updated figures weren’t available Thursday, but the city’s share of the settlement would bring that contingency fund down to $28,533.
The cost of the structural repair approved last month for the project’s pavilion would bring that figure further down to about $6,533.
The budget already included the $280,000 that Clallam Transit was expecting to award Voang for the property.
The Gateway could still exceed its budget because Myers said it has not been determined whether the city, Krei Architecture or its sub-contractor, Bright Engineering Inc., will be responsible for covering outstanding costs accrued because of about seven months of delays with the project.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
