SEQUIM — The legal battle isn’t over for a Phoenix developer trying to build a regional shopping center with a Home Depot on the city’s west side.
Citizens group Sequim First on Monday filed an appeal with the state Court of Appeals, challenging the permitting of a 395,000-square-foot complex planned by AVB Development Partners on 42 acres near West Washington Street and River Road.
The complex is set to be anchored by The Home Depot, a home improvement warehouse retailer.
But Sequim First members asked first the City Council, then a Clallam County Superior Court judge to require that city officials order an independent environmental-impact statement on the project before allowing it to proceed.
Their appeal under the State Land Use Petition Act was denied at both levels.
The group filed an appeal of Judge George Wood’s April 9 ruling at the last minute Monday afternoon.
“This is a David versus Goliath story,” said Sequim First Vice President Andrew Shogren.
The issues under appeal in Superior Court centered around traffic impact and stormwater monitoring.
Wood did not grant Sequim First’s request for an environmental-impact statement.
He did place conditions on the project which would require AVB to submit more detailed water-monitoring plans and force the city and Clallam County government to work out issues of traffic impact on underdeveloped county roads leading to the site.
That included ordering the city to obtain an independent traffic-impact study, which has not yet been done.
Also, AVB has not yet presented a detailed water-monitoring plan to Wood.
