Staff Report

According to the city, its lawsuit against Sound Transit regarding the terms of the 2017 Settlement Agreement related to the Mercer Island Transit Interchange is moving through the legal process.

A March 10 press release noted that Sound Transit made a procedural motion to dismiss the city’s lawsuit and the court ruled against Sound Transit’s motion.

In an Oct. 26, 2020 letter to the community posted on the city’s website, council made it clear that the city’s litigation isn’t meant to halt Sound Transit’s light rail progress: “We remain excited about the arrival of light rail and the opportunities it will offer to the Mercer Island Community, our local businesses, and the region.”

In a statement sent to the Reporter on Oct. 26, 2020 Sound Transit said: “Sound Transit is disappointed that the City of Mercer Island has chosen to pursue litigation rather than agree to collaboratively developed plans that enable transit riders to move easily and safely between future light rail service and buses.”

Another King County Superior Court judge recently dismissed Sound Transit’s appeal under the Land Use Petition Act related to the city’s conditions on Sound Transit’s right-of-way construction permits on North Mercer Way. Following Sound Transit’s appeal regarding the permits within the Mercer Island Transit Integration Project, the city’s hearing examiner will conduct an open record public virtual hearing on March 16.

“The City is encouraged that Sound Transit will not be able to short circuit the appropriate, and well-established, administrative process for challenging permit decisions, which is applicable to and required by all permit applicants equally,” the press release reads.

The Reporter reached out to Sound Transit for a comment on the recent court activity, but a spokesperson said the agency doesn’t comment on pending litigation.