Lynnwood annexation sparks Mill Creek suit

MILL CREEK — The city of Mill Creek has filed a lawsuit in Snohomish County Superior Court that seeks to stop its nearest neighbor from coming any closer.

Lynnwood has proposed annexing 3,690 acres that would expand city limits to the north, the south and the east. About 27,000 people live in the proposed annexation area.

If Lynnwood succeeds, it also would extend east across I-5 near Martha Lake and north across I-405.

Some consider that area as Mill Creek’s unofficial front porch.

The lawsuit would block the entire annexation.

“We believe that is the best ­location for the future gateway into (Mill Creek),” said Tim Burns, Mill Creek’s city manager, of the Martha Lake area.

Lynnwood’s proposal would “create and exacerbate impractical boundaries,” according to the city’s lawsuit.

I-5 isolates the area from Lynnwood’s core, the lawsuit argues, and the new boundary would divide natural neighborhoods.

Not everybody agrees.

In May, the five-­member Snohomish County Boundary Review Board unanimously approved Lynn­wood’s plans.

Mill Creek’s lawsuit alleges that the board’s decision was not supported by substantial evidence. It also states that the board violated the state’s appearance of fairness doctrine. The lawsuit does not say how the board violated the law.

The suit was filed June 30.

A day earlier, the Lynn­wood City Council voted to send its annexation proposal to voters for an election in April 2010.

Lynnwood is hoping the court moves quickly so the election can stay on schedule, Mayor Don Gough said.

That could be difficult because Mill Creek’s lawsuit names 10 defendants, including every person or organization who testified before the board.

In its discussion, board members acknowledged Mill Creek’s contention that the area south of Martha Lake fit best in Mill Creek.

Ultimately, the board decided the connection wasn’t strong enough.

Subdivisions in the area won’t be divided by the new city limits, said John DeWhirst, a board member. Having both sides of I-5 in one city makes negotiations with the Department of Transportation easier, said Lori Kaiser, another board member.

Chris Fyall: 425-339-3447, cfyall@heraldnet.com.