Chief
08-29-2007, 09:18 AM
JEFFREY MIZE, columbian staff writer
July 21, 2001; Page a1
Residents who want to force a public vote on the $60 million special events center have cut loose with a barrage of legal arguments on why Vancouver cannot block the effort. Mark A. Erikson, an attorney representing the six petitioners who are pushing for a vote, filed a 39-page legal brief Friday afternoon.
Erikson puts forward a number of expected arguments, plus a surprising one: that the 1999 legislation allowing a state sales tax credit to help pay for Vancouver's project is at odds with the Washington Constitution.
Using state taxes for an events center or similar project without voter approval violates the constitution, his brief contends.
"The city can only take such actions that are properly delegated," Erikson said in a phone interview. "In this case, the legislation violates the constitution, and therefore there's been no proper delegation. Now that's a little different from bringing a claim that a particular statute is unconstitutional."
Erikson's brief also argues:
* The city failed to comply with the state Environmental Policy Act, or SEPA, in passing a March 26 ordinance for the project.
* The ordinance violates several mandatory debt limitations on municipal taxation.
* The ordinance is subject to referendum provisions outlined in the Vancouver City Charter.
* Petitioners did "substantially comply" with referendum requirements and later submitted paperwork to correct any deficiencies.
City Attorney Ted Gathe could not be reached Friday afternoon to comment on Erikson's brief.
In the past, Gathe has said petitioners failed to follow mandatory procedures for mounting a referendum campaign.
He also has argued there can be no vote because the Legislature gave cities the authority to create public facilities districts to build these type of projects and that authority cannot be pre-empted by local referendum powers.
The city council created the Vancouver Public Facilities District in October 1999 to build and own the 6,500-seat events center and an adjoining convention center with 28,000 square feet of exhibition space, two structures valued at about $60 million.
The project, to be built on four blocks south of Esther Short Park, also includes a privately financed 174-room hotel valued at about $20 million.
Six Vancouver residents -- Glen Baldwin, Larry Patella, Ralph Peabody, Frances Rutherford, Robert Scott and Bobbie Tharp -- have tried to challenge the council's March 26 decision to remove legal restraints from the public facilities district.
They collected more than enough valid signatures to comply with referendum requirements. But the city council rejected the petitions because they did not precisely conform with a provision requiring sworn affidavits to be attached to petition sheets.
City refused
Erikson said his clients asked the city to return petitions so they could add notarized affidavits, but the city refused.
Petitioners then took copies of the petitions, attached sworn affidavits and submitted them, only to have the city return the documents, he said.
"The city looks disingenuous in my mind to maintain that we can't submit revised or amended petitions after they refused to return petitions," he said. "That's just a bad faith position, if you ask me."
Erikson said he believes all of his legal arguments are strong, especially those dealing with complying with referendum procedures. He predicted the court will rule in favor of his clients.
"I would be surprised if they didn't find that substantial compliance was sufficient," he said.
Although the city declared the referendum petitions invalid, it took the unusual step of filing a lawsuit in hopes the court would validate its decision.
Identity Clark County, a business group and a big booster of the events center, has intervened in the lawsuit and filed a brief supporting the city's position.
Superior Court Judge Robert Harris has scheduled oral arguments for 9 a.m. Aug. 21.
July 21, 2001; Page a1
Residents who want to force a public vote on the $60 million special events center have cut loose with a barrage of legal arguments on why Vancouver cannot block the effort. Mark A. Erikson, an attorney representing the six petitioners who are pushing for a vote, filed a 39-page legal brief Friday afternoon.
Erikson puts forward a number of expected arguments, plus a surprising one: that the 1999 legislation allowing a state sales tax credit to help pay for Vancouver's project is at odds with the Washington Constitution.
Using state taxes for an events center or similar project without voter approval violates the constitution, his brief contends.
"The city can only take such actions that are properly delegated," Erikson said in a phone interview. "In this case, the legislation violates the constitution, and therefore there's been no proper delegation. Now that's a little different from bringing a claim that a particular statute is unconstitutional."
Erikson's brief also argues:
* The city failed to comply with the state Environmental Policy Act, or SEPA, in passing a March 26 ordinance for the project.
* The ordinance violates several mandatory debt limitations on municipal taxation.
* The ordinance is subject to referendum provisions outlined in the Vancouver City Charter.
* Petitioners did "substantially comply" with referendum requirements and later submitted paperwork to correct any deficiencies.
City Attorney Ted Gathe could not be reached Friday afternoon to comment on Erikson's brief.
In the past, Gathe has said petitioners failed to follow mandatory procedures for mounting a referendum campaign.
He also has argued there can be no vote because the Legislature gave cities the authority to create public facilities districts to build these type of projects and that authority cannot be pre-empted by local referendum powers.
The city council created the Vancouver Public Facilities District in October 1999 to build and own the 6,500-seat events center and an adjoining convention center with 28,000 square feet of exhibition space, two structures valued at about $60 million.
The project, to be built on four blocks south of Esther Short Park, also includes a privately financed 174-room hotel valued at about $20 million.
Six Vancouver residents -- Glen Baldwin, Larry Patella, Ralph Peabody, Frances Rutherford, Robert Scott and Bobbie Tharp -- have tried to challenge the council's March 26 decision to remove legal restraints from the public facilities district.
They collected more than enough valid signatures to comply with referendum requirements. But the city council rejected the petitions because they did not precisely conform with a provision requiring sworn affidavits to be attached to petition sheets.
City refused
Erikson said his clients asked the city to return petitions so they could add notarized affidavits, but the city refused.
Petitioners then took copies of the petitions, attached sworn affidavits and submitted them, only to have the city return the documents, he said.
"The city looks disingenuous in my mind to maintain that we can't submit revised or amended petitions after they refused to return petitions," he said. "That's just a bad faith position, if you ask me."
Erikson said he believes all of his legal arguments are strong, especially those dealing with complying with referendum procedures. He predicted the court will rule in favor of his clients.
"I would be surprised if they didn't find that substantial compliance was sufficient," he said.
Although the city declared the referendum petitions invalid, it took the unusual step of filing a lawsuit in hopes the court would validate its decision.
Identity Clark County, a business group and a big booster of the events center, has intervened in the lawsuit and filed a brief supporting the city's position.
Superior Court Judge Robert Harris has scheduled oral arguments for 9 a.m. Aug. 21.