PORT TOWNSEND — The president of Gardiner-based Security Services Northwest — who has fought a relentless legal battle against Jefferson County to expand his business for police, security officer and military gunfire training — has lost another round in state Appeals Court, this time for monetary damages against the county.
In the latest of a complicated morass of legal decisions surrounding Joseph D’Amico’s long-standing litigation, the state Court of Appeals late last week threw out his legal claim, agreeing with the county that the appeal was “devoid of merit” and “frivolous.”
D’Amico, however, appeared before the county commissioners Monday, vowing to take the fight to next court level.
His lawyer, Alan S. Middleton of Seattle, later said his client would file with the state Supreme Court for review of the case.
“I’m frustrated,” a haggard-looking D’Amico told the commissioners Monday morning.
“You guys have got me down.”
Next generation
His emotions rising, D’Amico informed the commissioners that the challenge was not over because he had four children growing up as his family’s next generation.
“I’m going to indoctrinate those kids, and this is a 100-year war,” a visibly angry D’Amico declared.
He said his nearly 5-year-old fight has cost $800,000 in legal expenses.
The county has already been successful in winning back from D’Amico $50,000 in the cost of its defense through another appeals process, which he has paid.
How much D’Amico would be held liable for as a result of the latest appellate decision is not known until the county Prosecuting Attorney’s Office releases the figure.
Stop-work order
D’Amico’s troubles began in June 2005 when the county Building Department issued a stop-work order against him, red-tagging three structures without county permits that D’Amico built to expand his business enterprise on the 24-acre Fort Discovery site.
There, Security Services Northwest is based on Discover Bay on western-shore property owned by the Gunstone family.
The county’s action coincided with complaints from Discovery Bay-area residents, who said they could hear loud, repeating gunfire and other explosions resounding across the placid bay.
Many of them testified that the gunfire was disturbing, including a Vietnam veteran who said the semiautomatic gunfire triggered his post-traumatic stress disorder.
Another group came forward in support of D’Amico’s military training efforts, saying the gunfire was “the sounds of freedom.”
Another group of mostly bay-area residents, Discovery Bay Alliance, also rallied against D’Amico’s plans, some attending court hearings in Jefferson and Kitsap counties.
‘Previously upheld’
The Court of Appeals in its analysis states, “Because we previously upheld as legal the same county land use enforcement actions that SSNW [Security Services Northwest] now asserts as grounds for its damages claim, SSNW is collaterally stopped from seeking damages.”
D’Amico in a statement e-mailed Friday said the court in effect dropped “a nuclear bomb on SSNW and Fort Discovery” after a three-month wait.
“In what can be only described as a bizarre ruling, to a fact-intensive case surrounding multiple appeals after a Jefferson County hearing examiner once ruled that SSNW didn’t have a legal nonconforming right to operate its security business along the shore of Fort Discovery, SSNW is now one step away from the Washington state Supreme Court,” he stated.
“Further, SSNW finds most disturbing that the court contends this suit to be frivolous – even though no prior Washington case had issued any decision purporting to decide the issues presented in SSNW’s appeal.”
Security Services has filed a series of legal challenges related to county’s 2005 action in Jefferson and Kitsap counties and now twice in the state Court of Appeals.
The court cases stem from hearing examiner decisions made at the county level, limiting the number of employees D’Amico could have at his business to 18 and restricting gunfire practice training to only Security Services employees for state certification.
Range silenced
Shooting range training is no longer allowed for police or military personnel.
“At every stage, the county has prevailed so far,” said Jefferson County’s contracted attorney, Mark Johnson of Seattle.
“We’re hopeful that this may put an end to the appeals,” Johnson said.
Upon hearing that the matter would likely be taken to the state Supreme Court, Johnson said:
“I’m speechless. We’re happy to go to another level if SSNW wants to, but really there are no legal grounds.”
“I think that the decision was incorrect. I think that the Court of Appeals failed to address many of the arguments that we made,” Middleton, D’Amico’s Seattle attorney, said.
“Fundamentally, SSNW has not had its day in court.
“Obviously, I’m very disappointed for Joe personally. I don’t think he’s gotten a fair shake.”
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com.
