Judge declares monorail recall measure illegal

By Mike Lindblom
Seattle Times staff reporter

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King County Superior Court Judge Steven Gonzalez called the initiative an "end run" around state law, two years after city voters approved the 14-mile Green Line by a thin margin.

"It is not something that can be re-voted," he said.

He ruled that I-83 conflicts with the state Growth Management Act, which protects "essential public facilities" to keep up with increasing populations. The monorail was labeled an essential facility by the state Legislature and the Seattle City Council.

Opponents planned to file a request for an appeal this afternoon, with the state Court of Appeals, with hopes of being heard in mid-September, said I-83 treasurer Liv Finne.

"The Seattle Monorail Project was created by citizen initiative. It got access to our streets by citizen initiative, and it can be stopped by citizen initiative. The question is, will the courts allow the voters to decide on this project or not?" she said.

A specific method

State lawmakers laid out a specific method for citizens to dissolve the monorail agency, but it is relatively difficult, requiring 54,000 petition signatures plus a finding by the Seattle city attorney that the project faces significant financial problems.

Instead, monorail opponents attempted to ban city construction permits, using the city initiative system that requires only 17,229 valid signatures this year to qualify for a ballot spot.

"Aren't we really talking about, in the vernacular, a 'do-over,' because we didn't like the results of the last election?" the judge asked Bruce Babbitt, an attorney for monorail opponents.

The proposed Green Line would connect Ballard, Seattle Center, downtown, and West Seattle at a cost of $1.75 billion, paid through a citywide car-tab tax.
 
Seattle City Council member Nick Licata issued a statement saying the ruling preserves the city's land-use powers, while monorail activist Peter Sherwin said "this kind of initiative, if allowed to go forward, could stop the city from going forward on anything at any time."

Did voters know enough?

Opponents contend that voters didn't know the details when they went to the polls in 2002. Since then, car-tab taxes have fallen short of predictions, and proposed track layouts require larger columns than the 3-foot width promised in the campaign.

"We clearly know so much more now. What is the recourse of the people?" said I-83 founder Tim Wulf.

The SMP's deputy director, Anne Levinson, replied that voters have approved stadiums, libraries and transportation projects based on far less detail than what monorail planners offered two years ago. The voter-approved plan requires that the full 14 miles be built and sets a debt limit of $1.5 billion.

Levinson said today's court decision reassures the public the line will be built and will give financial firms more confidence as the agency prepares to sell bonds late this year.

On Monday, a team of companies led by Washington Group International, Fluor, and train supplier Hitachi will deliver its bid proposal to the SMP. The agency intends to keep details secret until its review and design negotiations are completed.

Mike Lindblom: 206-515-5631 or mlindblom@seattletimes.com.