Posted: 8/26/2016 6:19:04 PM EDT
[#9]
http://www.kitsapsun.com/news/kitsap-rifle-and-revolver-club-given-90-days-to-apply-for-permit-3afef175-6d75-234f-e053-0100007f66a-391432251.html
Kitsap Rifle and Revolver Club has been given 90 days to apply for a land-use permit to avoid a contempt-of-court ruling by a judge in Pierce County Superior Court.
Attorneys for the club and for Kitsap County appeared Friday before Judge Susan Serko, who declined to shut down the club's operations, as county attorneys had requested. The judge stated clearly, however, that she would not tolerate ongoing delays.
The club missed a 180-day deadline set by Serko's ruling in February, when she laid down conditions for the club to continue operations at its shooting range on Seabeck Highway. The Washington State Court of Appeals has since stayed some of those conditions, but the requirements related to alleged land-use violations were not appealed.
Brooks Foster, the club's attorney, told the judge that the club has done its best to meet the deadline for submitting its application for a "site development activity permit." But the club's insurance company, which has paid the club's legal costs in its lawsuit with the county, has so far declined to pay for work needed to complete the application.
The club simply does not have the financial resources on its own to pay the $158,000 it would take for site analysis, plans and other documents needed to submit a complete application, according to Foster. He said he is negotiating with the insurer, Northland Insurance Company, and will take the company to court, if necessary, to obtain coverage. View Quote
$158,000 is much more than the KRRC has in the bank according to their latest 990 form.
"One of the questions I have," said Serko, "is why did the club not come to the court and say this is impossible, that 180 days is too short. Why not come back to the court and say you need more time."
Foster said he advised the county's attorneys of his efforts to get Northland to commit to payment, and he asked the county attorneys to hold off on a warrant of abatement — which he thought was the county's next move. Foster said he was completely surprised by the county's contempt-of-court motion. View Quote
I'm not surprised.
Christy Palmer, attorney for the county, said an abatement action is an "extreme remedy" that could require county money to remove shooting bays constructed without permits and to restore damaged wetlands. A lien could be placed on the property to recover the costs, but there is little assurance that the costs could be recovered.
Foster argued that a contempt-of-court citation is not appropriate because the club does not have the ability to perform as required by the February court order. He said the club would be willing to provide regular progress reports on efforts to get the insurance company to pay.
Serko said it appears the club wants her to "throw up my hands " and recognize that the club cannot comply with her order.
"I am not going to involve myself in a third-party insurance case," she said, adding that she would give the club 90 days to file the required permit. "If it is not done, the court would be inclined, frankly, to find contempt at that time."
In the meantime, if the county chooses to move forward with abatement of improper land-use activities on the property, that would be appropriate, Serko said.
County code states that such an application expires 90 days after the application is submitted unless it is renewed, according to county officials.
Palmer said the club could refile the application, but she declined to say what action the county might take under the ordinance that allows shooting ranges to operate only when they have an approved operating permit. View Quote
Randy
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