Trial over cost of Gateway land begins today

PORT ANGELES — The city of Port Angeles, Clallam Transit and Port Angeles resident Anh Voang may all have a reason to celebrate by the end of the week, but for slightly different reasons.

A jury in Clallam County Superior Court will determine how much Voang — who is still the owner of 6,960 square feet of property that now is the site of The Gateway transit center’s pavilion and parking spaces behind the Harbortowne Mall — deserves to be compensated for the property used by Clallam Transit for the downtown project at Lincoln and Front streets and Railroad Avenue. Voang is also the owner of the Harbortowne Mall adjacent to the project, which is not directly part of the eminent domain lawsuit.

The city and Clallam Transit, on the other hand, should also, after over six months of delays, have the project completed by Friday after structural repair to the pavilion’s eastern foundation wall, which sits on what is still Voang’s property, is finished.

But the result of Voang’s trial — which begins today and is expected to take about four days to complete — will also push the $14.7 million project over budget.

That’s because the city and Clallam Transit have about $62,000 left in their budget for the project, and Voang’s compensation could range from $280,000, which is what Clallam Transit’s appraisal determined the property to be worth in 2006, to the $539,260 that Voang is seeking.

Although Clallam Transit is responsible for covering just compensation for property taken through eminent domain, such as Voang’s property, for The Gateway, the city will have to pay the bill because the two public entities, which are partners in the project, agreed that the city would cover any costs over budget.

Clallam Transit spent approximately $2.6 million to acquire property for The Gateway project in downtown Port Angeles, according to an Aug. 23, 2006, Peninsula Daily News article.

That figure is paid for with state and federal grants totalling $8.1 million. Clallam Transit contributed $500,000 out of its pocket for the project, and the city has contributed about $6.1 million.

Payment to Voang has been delayed because she has challenged Clallam Transit’s appraisal and is seeking compensation for what she considers damages to the value of her building adjacent to The Gateway.

Her attorney, Richard Pierson of Bothell, said Voang is seeking $383,820 for the property and $155,000 in damages for taking away parking spaces that used to be used for the Harbortowne Mall.

Voang’s property at The Gateway will be officially transferred to Clallam Transit after just compensation is determined.

Clallam Transit received approval for immediate possession and use of the property in Clallam County Superior Court on Aug. 23, 2006.

Jefferson County Judge Craddock Verser will preside over the trial to avoid any conflicts of interest among Clallam County’s three judges.

The Gateway also includes 169 parking spaces, an office for the Police Department’s downtown resource officer, public restrooms and a transit lane.

Completion of the project, scheduled for November, had been on hold while cracks that radiated underneath a horizontal support beam in the parking garage under the pavilion were analyzed and a repair was approved. The cracks were discovered last summer.

Construction began in June 2007.

Most of the parking spaces at The Gateway were opened on May 22, and the transit lane was opened on April 13.

Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.

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