980arena
A King County Judge has ruled against a legal challenge to a proposed new Seattle arena, clearing a major hurdle in the deal between investor Chris Hansen, Seattle and King County. (AP image)

Judge rules against longshore union, allowing Seattle arena plan to progress

BY Josh Kerns  on February 22, 2013 @ 2:39 pm (Updated: 7:34 am - 2/23/13 )

A King County Judge has ruled against a legal challenge to a proposed new Seattle arena, clearing a major hurdle in the deal between investor Chris Hansen, Seattle and King County.

King County Superior Court Judge Douglass North ruled moments after hearing arguments from the International Longshore and Warehouse Union and lawyers for Hansen, Seattle and King County.

The union argued unsuccessfully an environmental review should have preceded any agreement, and local officials violated state law by going ahead with the agreement anyway.

The union also argued adding a third stadium to the area south of downtown would choke freight traffic and cost jobs.

The "memorandum of understanding" signed last year setting out the parameters of a deal to build the $490 million arena created irreversible momentum toward construction, and therefore the environmental study was required, union attorney David Mann said in asking the judge to invalidate the agreement.

"This case is not about whether the Sonics should or are returning to Seattle," Mann said. "What the case is about is whether the city council, the mayor, the county council and executive went too far."

The NBA's Supersonics played in Seattle from 1967 to 2008 before its new owners moved the team to Oklahoma City and renamed it the Thunder. Outside court, the director of "Sonicsgate," Jason Reed expressed relief over the ruling adding it should calm any fears NBA owners have about approving the sale of the Sacramento Kings.

Hansen's group, which includes Microsoft Chief Executive Steve Ballmer, has reached a deal to buy the Kings from the Maloof family and move the team to Seattle, but it still needs approval from the NBA. Sacramento Mayor Kevin Johnson has been trying to put together a rival investment group to keep the team.

The judge expressed skepticism about the union's arguments, noting - as lawyers for Hansen, Seattle and King County did - that the agreement does not actually commit the city and county to building an arena south of downtown, and that an environmental review will be done before any such commitment is made. State law requires environmental reviews "before an agency commits to a particular course of action."

"How does it bind them into going forward with a SoDo arena?" North asked.

"There is no authority for the city to approve an alternative location," Mann responded.

Another lawyer for the union, Peter Goldman, described the promise of a future environmental review as a "sham," saying that by the time a review is completed, the Sonics could be back in Seattle, playing at KeyArena in anticipation of a new arena being built. No city government is going to reject the building of the arena in SoDo at that point, he argued.

"We're still going to work the process very carefully as the E.I.S. unfolds," said Mann. "We're going to be very involved with explaining, making sure that the E.I.S. fully documents traffic impacts, transportation impacts, impacts to the port, impacts to these working families." But Mann said the union had not decided if it will appeal the judge's ruling. An assistant Seattle city attorney said the city has authority under state law to pick other arena sites if necessary.

The Associated Press contributed to this report

Josh Kerns, MyNorthwest.com Reporter
Josh Kerns is co-host of KIRO Radio's Seattle Sounds (Saturday nights 7-8) and a digital content producer for MyNorthwest.com.
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Comments (30)


  • Add A Comment

  • Nomad_bychoice wrote...
    Great News
    February 22, 2013 2:04 pm
    This means once the purchase is agreed upon by the NBA in April, shovels can go in the ground on the new arena. Great news if you're awaiting the Sonics to come back home!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • NoiseMan wrote...
    I'm Happy
    February 22, 2013 2:26 pm
    .
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • hpitantso wrote...
    What a waste of longshore union dues
    February 22, 2013 2:39 pm
    Bet they paid big bucks to try invalidate the agreement Lawyer got paid those who made the study got paid and they failed
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Zagnut wrote...
    "ruled moments after hearing arguments"
    February 22, 2013 2:40 pm
    In other words, the whole fiasco was frivolous and a waste of time.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Milred wrote...
    I read in another article....
    February 23, 2013 8:41 am
    ...the judge ruled before the union lawyer had a chance to sit down.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • southi5 wrote...
    Longshore workers:
    February 22, 2013 3:49 pm
    Did you have a chance to decide if your union dues should be spent on this? I sure hope it doesn't come out of your next strike fund. Wouldn't it be nice to have control of your own money and not have to pay an organization to be able to go to work? Laughing at all of you!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • wsualumn wrote...
    This Is Great For Sports Fans
    February 22, 2013 4:36 pm
    This doesn't mean just basketball, but hockey could likely occur as well. I know there are a number of people against this, but this will help many businesses throughout Seattle.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • maplefish wrote...
    WSU
    February 22, 2013 8:24 pm
    Touché! Agreed. BTW - it's WSU Cougar Ski Weekend at White Pass. Always a rip-roaring good time! Cheers!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ktrenhead wrote...
    CH...
    February 22, 2013 5:44 pm
    CH, I shouldn't even respond to you, given your need for attention, but I can't help myself. It's amazing how ignorant you are, despite your need to read and post on every article on this site. The ruling today had nothing to do with whether or not an environmental review ought to happen. An environmental review is already happening - it is a requirement of the MOU.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Hawkin wrote...
    Flopping
    February 22, 2013 6:35 pm
    could prove to be unpopular off the court too.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • e233 wrote...
    Unions are an economic poison
    February 23, 2013 6:01 am
    You will never see unions take a stand for anything that is of benefit to the economy and society. Automotive industry, defense, education etc., all end up in being killed.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • igotanopinion wrote...
    Well said e233
    February 23, 2013 9:09 am
    Unions used to have a good purpose here in the US. Now they believe they can control everything. Hey maybe the city should have a union to protect itself from the union. And everyone can start a union so no one can be fired and we can all do sub par work and charge astronomical prices for it, always go over budget and blame someone else for everything that gets messed up. Love it!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • dexterjibs wrote...
    Those opposing the longshore union
    February 23, 2013 10:10 am
    better be careful. There are plans to send out union thugs to break some legs in order to get everyone in line.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }