If a judge rules in favor of Smokey Point RV Park residents in February, their victory could delay the new Lakewood Crossing shopping mall.
It also could cost the property owners more than $1,300 a day in interest on the purchase of the property, Seattle attorney Arthur Claflin said. He represents the park owners and manager in a lawsuit filed to stop the residents’ eviction, pending a hearing.
On Jan. 13, a court commissioner granted the residents a temporary restraining order that prevents the owners from disconnecting utilities to the 23 families who remain at the park.
On Friday, Snohomish County Superior Court Judge Gerald Knight extended that order for 30 days and ordered the attorneys to schedule a hearing date.
“Today was definitely a victory for the homeowners,” said the residents’ attorney, Ishbel Dickens. “Every day they get to stay in the park is a victory for them.”
The property owners notified residents Dec. 1 that they had 45 days to move their trailers from the park at 17019 28th Drive NE. After that, they would be subject to arrest and their property would be removed.
Knight questioned the eviction method, noting that in 2003 the owners threatened to shut off utilities to a resident without taking the proper steps.
“What do we have, a maverick out in Smokey Point?” Knight asked.
At issue is whether the RV park qualifies as a mobile home park. If it does, the law requires owners to give tenants a year’s notice before the park can be closed. Residents also would be eligible for relocation assistance money from the state.
Claflin argued that the residents live in RVs that have wheels and can be easily moved elsewhere.
The park land is being sold by owners Pyung Kim, Chun Young and Thaddus Alston to the developers of Lakewood Crossing.
Powell Development of Kirkland, which is building the 476,000-square-foot shopping center, said this week it doesn’t foresee any delay in the project’s start because of the RV park dispute.
Planned tenants in the development include Costco and Target stores, and a Red Robin restaurant. Some of the stores had planned to open in August.
Construction of the center’s Target store is scheduled to begin as early as next week.
Powell Development declined to comment directly on the RV park, saying it was a concern for the property owners, not the development company.
If the court concludes that the mobile home rules apply, “Then we’re looking at a long time period before the development could move forward,” Claflin said. “The whole issue is: Are these RVs or mobile homes, and what law applies.”
Herald reporter Eric Fetters contributed to this report.
Reporter Cathy Logg: 425-339-3437 or logg@heraldnet.com.
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