A last-minute bid to quash the Brightwater sewer treatment plant was squelched by a judge Thursday who refused to consider legal papers requesting a grand jury investigation into government actions of the project’s development.
Snohomish Country Superior Court Judge James Allendoerfer, who earlier rejected a city of Woodinville land-use claim against the project and Snohomish and King counties, refused to accept a “friend-of-the-court” brief and petition from 16 residents opposed to Brightwater.
King County is building the $1.62 billion plant within Snohomish County borders near Maltby.
The residents alleged that King County has tried to quell opposition through agreements with Snohomish County and other municipalities. They also charge that King County has misrepresented the safety of the project because of potential earthquakes.
Also, they allege the governments refused to make public certain documents related to the project, and that some public officials “have been working in collusion to defraud the citizenry.”
In the alternative to a grand jury, the petition asked the judge to appoint an ombudsman or appoint a lawyer at taxpayer expense to represent the residents.
The ruling is a “terrible disappointment,” said Richard Block, a Woodinville resident who signed the petition.
Block said the people want their chance to explain how dangerous it could be to build a wastewater treatment plant on ground where an earthquake could occur at any time.
“We’re not going to give up,” he said. “We still have options. We’re going to continue to fight.”
Although Allendoerfer refused to act on behalf of the residents, he made several recommendations to them.
Among those, the judge suggested that the residents join forces with the city of Woodinville, in neighboring King County, or with other opponents and explore political action such as elections or recalling public officials.
If residents believe there have been criminal acts or lawyers have misrepresented facts, Allendoerfer also suggested contacting the state attorney general’s office or the Washington State Bar Association.
Residents attempted to file the legal papers Aug. 4 in Snohomish County Superior Court, but the clerk’s office forwarded them to Allendoerfer for a decision whether to accept them.
The legal papers were filed late Thursday with the county clerk, but Allendoerfer said the request is a moot point because he dismissed the Woodinville civil lawsuit July 14.
A grand jury proceeding is extremely rare. Only two have been convened in Snohomish County history, none since the 1970s when alleged government corruption was reviewed.
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