EVERETT – A lawsuit by neighbors fighting Providence Everett Medical Center’s $400 million expansion plan was tossed out on a technicality Tuesday.
The lawsuit by Everett Neighbors for Responsible Growth was filed improperly and too late, Snohomish County Superior Court Judge Thomas Wynne ruled. He dismissed the land-use petition.
“We would like to have had a hearing on the merits, but this was stopped on a technicality,” said Ashley Pedersen, attorney for the neighborhood group. “It was disappointing.”
The neighborhood group was seeking to reverse the Everett City Council’s March 16 approval of the hospital plans and review of the process. A representative of the neighbor group could not be reached Tuesday.
The group also wanted to halt demolition of 21 historic homes owned by the hospital.
But notice of the lawsuit wasn’t filed until April 7, the day after the group received the official resolution from the Everett City Clerk’s office, Pedersen said. The suit was supposed to be filed by April 6 – 21 days from the City Council’s action, Wynne said.
“We thought we were within the time,” Pedersen said. “We are still considering whether we will appeal the decision.”
Also, the group faxed and mailed notice of the suit, but Wynne said notice should have been personally delivered, Pedersen said.
The ruling was appropriate, said Eric Laschever, a contract attorney from Stoel Rives for the city of Everett.
“There are a number of steps remaining in the process, and the city is committed to working in an open fashion with everyone as we complete our work,” Laschever said.
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