MYNORTHWEST NEWS

Seattle loses battle over Burke-Gilman Trail’s ‘missing link’ as project funds sunset

May 24, 2022, 11:31 AM | Updated: 12:51 pm

cyclists claim missing link...

Burke-Gilman Trail (Flickr Creative Commons/ Seattle Parks and Recreation)

(Flickr Creative Commons/ Seattle Parks and Recreation)

Completion of the Burke-Gilman Trail, the backbone of Seattle’s network of bicycling and pedestrian trails that connects Ballard with Bothell, is on a rapidly expiring clock, and a spate of legal challenges over the 1.4 mile stretch along the Salmon Bay/Lake Washington Canal, dubbed the “missing link,” have jeopardized that completion.

The Seattle Department of Transportation stands at odds with the Ballard Terminal Railroad Company (BTRC), which primarily services Salmon Bay Sand and Gravel. The railroad operates a track from 11th NW to the Ballard Locks, delivering concrete for use in hundreds of daily truck shipments through that area.

The Levy to Move Seattle, the fund that the missing link project leverages, expires in 2024. Friday, the public comment period for the redesign lapsed, and the project is scheduled to begin construction in 2023.

Ahead of that construction, SDOT and community stakeholders face a series of lawsuits that complicate its final design. Original plans for the missing link involved the removal of BTRC’s track along NW 45th St. and Shilshole Ave. NW, a section of temporary trail that has caused enough crashes that at least eight cyclists are suing the City of Seattle for damages.

New lawsuit opens old wounds over the ‘Missing Link’ of the Burke-Gilman Trail

That removal was vehemently opposed by the BTRC — in conjunction with unions and businesses under the umbrella moniker of the Ballard Coalition (BC).

The City proactively scaled down the missing link design — removing its aspects that called for the relocation of the BTRC’s line through the missing link. In May, a Washington State Court of Appeals ruled in the BTRC’s favor, deeming that the City does not have the authority to relocate the track.

In justification, the court cited an operating agreement the city has with the BTRC. While the city technically owns the railroad line, in 1997 the BTRC franchised the line for 30 years. Federal laws pertaining to railroad operations preclude the city from moving the line, according to the court.

People Power created Seattle’s Burke-Gilman Trail

“We are disappointed with the recent ruling, but it does not affect the current Burke-Gilman Trail ‘Missing Link’ project because we already refined the design to eliminate the need to relocate railroad tracks on Shilshole Ave NW and NW 45th St,” Ethan Bergerson, SDOT spokesperson, wrote to MyNorthwest.

While the city had preempted that court loss with its revised project designs, the Ballard Coalition has outstanding litigation with SDOT. Late in 2021, the BC challenged SDOT’s design in King County Superior Court, claiming that the city failed to comply with an allegedly requisite environmental review process (SEPA), from which the city argues they are exempt.

MyNorthwest News

shooting...

MyNorthwest Staff

Shooting leaves 1 dead in Redmond, 2 suspects believed to be on the loose

A shooting in Redmond left one person dead, and two suspects are believed to be on the loose.

4 hours ago

flight...

KIRO 7 News Staff

What are your options if your flight is delayed or canceled due to the FAA ground stop?

What are your options if you’re flying out today and your flight was canceled or delayed?

5 hours ago

2 Costco...

MyNorthwest Staff

Largest Costco gas station now open in WA

Costco’s largest gas station is now open in Issaquah.

5 hours ago

microsoft outage...

Luke Duecy

The Spin: Microsoft outage and how the company used PR to manage a global service disruption

A major Microsoft outage disrupted Outlook, Teams, Copilot, and other Microsoft 365 services for two days.

6 hours ago

Camas School District U.S. Department of Education Investigation Transgender sports...

Regan Gallo-Fenz

US Education Dept. launches investigation into Camas School District over Title IX allegations

The U.S. Department of Education launched an investigation into the Camas School District to determine violated Title IX.

7 hours ago

wa college students career...

Luke Duecy

WA colleges deliver strong return on investment, but career guidance falls short, report finds

A new report finds universities aren't doing enough to help students turn their degrees into successful careers.

8 hours ago

Seattle loses battle over Burke-Gilman Trail’s ‘missing link’ as project funds sunset