It could be full steam ahead on demolition of the former Woodway Elementary School if no more resident-initiated challenges are mounted against it.

The latest set back for neighbors protesting removal of buildings on the property the city bought for a park was handed down in Snohomish County Superior Court May 25. Judge Michael Downes denied a petition by Colin Southcote-Want for reconsideration of Downes’ earlier ruling that the court didn’t have jurisdiction in the matter because the demolition permit had not been finalized.

In granting Edmonds’ motion for dismissal based on the jurisdictional issue, Bio Park, attorney for the city, said Downes told the parties that even if the appeal was not premature, it’s “unlikely” Southcote-Want would have prevailed on the merits of his case. The judge thought all federal, state and local laws properly addressed any significant environmental harm the project may pose, Park said.

The city’s attorney said he told Southcote-Want that his appeal of the hearing examiner’s decision was premature and could be filed once the demolition permit was finalized but he “… chose not to do it and didn’t return my calls.” Southcote-Want, whose wife is an attorney, is defending himself in court.

Southcote-Want and his wife, former city councilwoman Lora Petso, along with others involved in the South Edmonds Neighborhood Association, have filed a number of appeals of city development staff, city council, hearing examiner and court decisions to allow the park project and a 27-lot planned-residential development (PRD) on adjoining land to proceed. Most of the actions involved appeals of determinations of non-significance (DNS) or mitigated determinations of non-significance (MDNS) related to environmental concerns. None has been successful; one related to the PRD has yet to be heard by the hearing examiner.

The proposed park is located at 23700 104th Ave. W. in southwest Edmonds. Last year the city bought five-and-one-half acres of an available 11 acres from the Edmonds School District for a park and a forested buffer. The remaining land was sold by the district to Burnstead Construction, which is moving ahead with plans to build homes.

Due to delays, the city had to extend until Oct. 31 an easement agreement with Burnstead. If the buildings are not removed for some reason, the city will have to revisit the purchase agreement with the district that provided a $1 million “price break” for removal of the buildings, Park said.

Park added that in addition to the price break, Edmonds is concerned about keeping a $500,000 state grant that could be given to another applicant if the city doesn’t use it for the specific purpose it is intended.

So far, Edmonds has spent about $20,000 defending itself against neighbors’ appeals of decisions related to the park, according to Mayor Gary Haakenson. He said he has no choice but to defend the city’s position.

“We are under an obligation to … achieve the goals the council has given us. Whatever stands in our way, we need to achieve that goal … of a five-and-one-half-acre park. We believe we are right. The court obviously does too,” Haakenson said.

Neither Southcote-Want nor Petso responded to attempts by The Enterprise to contact them for comment.