Op-Ed: Deborah Buck vs City of Shoreline and CRISTA Ministries

Friday, April 6, 2012

Photo by Afia Menke, ND MA

Guest Editorial by Afia Menke, ND MA


On Tuesday evening, there appeared a beautiful rainbow in the gray, sun-lit sky. As I stopped to take a photo of the glorious colors, my neighbor, Deborah Buck, pulled up along side of my car. She asked me, “Do you know why there is such a beautiful rainbow? It’s because I won my case, I just found out!”

Deborah was referring to her suit against The City of Shoreline and Crista Ministries over a proposed Crista Ministries Master Plan.

Previous to her case, many Hillwood residents surrounding Crista Ministries fought with Crista and The City of Shoreline about the proposed Master Plan which would increase impervious surface area (via increased pavement for parking and buildings), increase the traffic flow in our tiny dead-end cul de sac by an estimated 1000 (+) trips /day, level 100(+) trees in Pilieated Woodpecker habitat, further disturb underground springs built over and damaged years ago and potentially destroy the historic sanatorium building on the Crista Ministries property. Residents attended City Council meetings, Planning Commission meetings, attended Crista “community” meetings, wrote letters and made many public comments.

The City of Shoreline curiously seemed to collaborate with Crista on moving the Master Plan forward and the residents came away feeling thwarted by the way communication with the residents unfolded both by Crista Ministries and The City of Shoreline. To this date, many residents do not understand why The City of Shoreline, in particular, refused to honor our letters, comments, concerns and queries.

Deborah took Crista Ministries and The City of Shoreline to court and Deborah Buck lost her case in a lower court. At that point, I admit, I felt defeated. I thought taking both The City of Shoreline and Crista Ministries to court was too big of a battle for a little band of neighbors. I lowered my head, surrendered and instead I focused my efforts on other community development activities.

But Deborah Buck valiantly pressed on. She appealed her case to The Court of Appeals of the State of Washington with the help of her brother, Peter Buck, a well-known attorney. She felt that the City of Shoreline and Crista Ministries should have considered public comments in a more honoring way.

As a result of Deborah’s tenacity and passion that The City of Shoreline and Crista Ministries do the right thing, The Court of Appeals of the State of Washington ruled in Deborah’s favor, reversing the lower court’s decision. The Court of Appeals told The City of Shoreline and Crista Ministries that they must take into account all of the residents’ concerns, comments and letters before they press on with the Master Plan. This means, an Environmental Impact Statement will almost certainly be performed before implementing the “grand” Master Plan. In essence, this will either slow the destruction/construction of the Crista Master Plan or better yet, end it. We can only hope for the latter.

Deborah Buck and our citizen comments prevailed. We feel heard and vindicated. Maybe, we even saved our small cul de sac village, the Pilieated Woodpecker habitat and trees, the underground steams, the historic building and the peace of our neighborhood.

I feel taller since Deborah told me her good news. Instead of driving into my cul de sac dreading the day construction will commence, I think about the rainbow over King’s Elementary as a sign that our justice system can work and that neighbors, especially determined neighbors can make a difference.

This is one victory our neighborhood will celebrate. Thank you, Deborah Buck.


Photo by Afia Menke, ND MA




11 comments:

Janet Way April 8, 2012 at 10:01 AM  

Thanks Afia for writing this and congratulations to Deborah Buck for taking this to the Court of Appeals level! And to Peter Buck for this astonishing win!

Will be very interested in hearing what the implications will be for the proposed Crista Master Plan, the neighborhood and ultimately the precedent that may be set by this decision.

Remarkable!

John Behrens,  April 8, 2012 at 1:03 PM  

As the lone Planning Commissioner to vote against the Master Plan when it was presented I also feel vindicated. I felt the City ignored the concerns of the community. The agreements entered into by Crista,the Hillwood neighborhood, and King County should not be ignored.

The existence of the creek running through the property was established when the city refused to allow a permit to construct a driveway because it would have been built over the creek.
This fact was never contested.

Hopefully the next hearing will result in a process that addresses the needs of the neighborhood and balances Crista's development plans.

Anonymous,  April 8, 2012 at 3:59 PM  

The City of Shoreline continues to go to court and lose - and set legal precedent as they go along:

Twin Ponds and critical areas
Email and metadata
Fire hydrants (and this includes the SPU acquisition claims being made)

And now this decision. How much of our taxpayers' dollars have they spent losing in court?

Anonymous,  April 8, 2012 at 4:32 PM  

The city has long had the attitude of if you don't like it take us to court. Unfortunately, this attitude leads to a community that feels it is being ignored. Your comments about SPU are just the latest example of how the city intends to force people to agree with their position. It wouldn't be quite as offensive if the city clearly told all of its citizens that it intends to take over all the utilities so it can tax them to support itself. By 2020 there will be no public utilities, just a city with a legal rate to charge whatever tax rate the city council wishes to establish.

Janet Way April 8, 2012 at 5:33 PM  

I'd like to see the City acknowledge the Court's decision here and adopt a policy of better respect for public input in Master Plans and other processes such as the Comp Plan and even public comment at Council meetings. This should be a wake-up call for them.

In addition, I'd like to see the City make a clear statement about this ruling vis a vis the Crista neighborhood. How will they fully respect the history, urban forest, traffic problems (combined with upcoming impacts from Point Wells) and all the accompanying development impacts from the Crista Plan.

Crista clearly over reached here and the City was so anxious to please them, that they settled for a bad deal for the neighborhood.

Wake Up Call Shoreline!

Anonymous,  April 8, 2012 at 7:23 PM  

Do you want to know what is really ironic? The City has as a council goal better communication with the community!

That is after they curtailed public comment.

Botched this appeal (at the SEPA level, superior court level, and the State Appeals Court) - a serial comedy of errors.

Repeatedly refused public records requests - if you read the Superior Court case file for Deborah Buck she very nearly had to file a public records act suit against the city to get the files she needed for her court case. The city regularly makes it difficult for the public to get public records.

Last year the City got rid of administrative appeals for certain land use and development code actions, but no one apparently cared enough to make public comment.

The City doesn't complete critical area permits for work that they do until they are caught by the citizens, but if a citizen should do that and they are caught by the City, they are fined.

The City now has held more executive sessions for reasons that are probably not allowed by State Law in the past 2 years than they have collectively in all the previous years since city incorporation.

For the City to state they want to improve communication, that is a total joke.

Janet Way April 8, 2012 at 9:21 PM  

Agreed! That's why they need to to turnover a new leaf. I realize this is probably a long shot, but hope springs eternal!

Lee Cerveny April 8, 2012 at 9:28 PM  

Thank you, Deborah, for your persistence in the pursuit of justice. This is a heartening victory for all of us the Hillwood neighborhood. This news has motivated me to get engaged in civic life once again.

Anonymous,  April 9, 2012 at 5:12 PM  

There is a problem with the culture of the City employees. The City Council truly needs to take their role far more seriously and become much more prescriptive about what they expect from the City Manager and her staff; the City Manager needs to make it clear to her staff that they work for the tax payers and are to provide current, complete information to Council Members and citizens for discussion and consideration or expect to be replaced!

Right now, it is far too often that city staff members carefully "cherry pick" only those fragments of information and data that paint the picture they want City Council to see and it is accepted by Council without question even when it is ridiculously incomplete.

If I could afford to move I would.

If we want a City Council that will actually demand staff to perform and who will respect the outcries of citizens, we need a different City Council - One that will wield its power to assure our City is driven by the desires of its residents - one that will do the job it has sworn to do.

Anonymous,  April 9, 2012 at 11:33 PM  

Here, here!!!

Anonymous,  April 11, 2012 at 9:58 AM  

The problem we face is that the majority of the city staff doesn't live here! They are giving us expert advice without having to live with the consequences. The majority of the City Council believe that anything new is better than anything it replaces. Watch out when these people come out after your neighborhood with their "Transit Oriented Development Plans." They won't live in the crowded,apartment oriented neighborhoods with gridlocked traffic that results from rezoning single family neighborhoods. The city planners will sit in their homes in Mill Creek and wonder why everyone complains. More than 1/2 the city council will live in their upscale neighborhoods on the West side of Aurora with their waterfront views and leave the traffic mess to us peasants on the east side of the city. No one in the Highlands or Innis Arden will have their neighborhoods flooded with traffic on sub standard roadways in neighborhoods without sidewalks.

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