BoardwalkOK’ed by appeals court

Published on Thu, Aug 18, 2005 by at Grubb

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Boardwalk OK’ed by appeals court

By Pat Grubb

The Washington State Court of Appeals upheld a ruling by Whatcom County Superior Court judge Steven Mura that the proposed Blaine boardwalk is a for public use thereby denying an appeal brought by property owner Isac Feldstein and members of his family.

The city sought easements from property owners on the west side of Peace Portal Drive in order to build the elevated boardwalk. Feldstein, however, was the lone holdout, maintaining the boardwalk would create a nuisance and noise to future tenants of his properties.

The court of appeals held that the boardwalk is a public use infrastructure and the city’s determination of necessity was not arbitrary and capricious as argued by Feldstein. In a statement released by the city, Blaine city manager Gary Tomsic expressed satisfaction with the decision, pointing out that the city had bid construction only on two street ends and not the connecting boardwalk due to Feldstein’s opposition.

The sole remaining issue is to have a jury determine the value of the easement in a hearing in late September. Once the valuation is set, the city will be able to obtain the easement.