MYNORTHWEST NEWS

Showbox owner is suing the City of Seattle

Sep 5, 2018, 2:36 PM | Updated: 10:22 pm

showbox...

Fliers for the Save the Showbox campaign. (KIRO Radio, Mike Lewis)

(KIRO Radio, Mike Lewis)

Faced with a historical district rezone that strips their property millions of dollars in value, the family that owns the Showbox theater is suing the City of Seattle for locking the land away from development by adding the venue into the Pike Place Market.

The lawsuit, filed Wednesday in King County Superior Court, demands that the city council either rescind the Aug. 13 council decision to rezone the parcel or, if the city declines, to pay $40 million in property value in exchange for the “taking” of the property. The council unanimously voted to protect the land following public backlash about a developer’s plan to tear down the popular music venue to make way for a 40-story apartment complex.

The rezone vote decision prompted the prospective developer, the Onni Group to withdraw from contract to purchase the land. And Onni’s withdrawal from the deal prompted the lawsuit.

Brad Keller, attorney for the Roger Forbes family which owns the property, said what the city did was illegal both from constitutional and property law standpoint.  He said courts in Washington have not looked too kindly on so-called “spot zoning.”

“The city cannot discriminate against an individual property (by taking) that property — as it did here — and pluck it out of the middle of a block and say ‘only that property are we going to down zone it and say that you cannot build a high-rise there whereas everyone on that block can,’ ” he said in an interview.  “Whatever the Seattle city council’s intent was,  the reality is that the ordinance that it enacted is an illegal spot zone.”

The Seattle city attorney’s office couldn’t be reached for comment.

Read the full lawsuit here.

MyNorthwest News

Ferguson wildfire...

KIRO 7 News Staff

FEMA ends wildfire federal emergency period, Gov. Ferguson asking President Trump for additional aid

FEMA announced that the federal emergency period for the wildfires that demolished many areas of Spokane and Eastern Washington is now over.

10 minutes ago

Evergreens...

MyNorthwest Staff

Seattle-born Evergreens eyes national expansion

Evergreens is looking to take its fresh salads beyond the Pacific Northwest.

25 minutes ago

Covington city hall bomb threat...

Frank Sumrall

Covington City Hall evacuated after bomb threat Thursday

The Covington City Hall has been evacuated following a bomb threat.

47 minutes ago

yakima orchard lays off...

Frank Sumrall

125-year-old Yakima orchard company lays off more than 500 workers

Gilbert Orchards, a family-owned and operated agricultural company based in the Yakima Valley, is laying off 518 employees beginning Nov. 22.

2 hours ago

cocktail bar pioneer square seattle...

MyNorthwest Staff

Award-winning New York cocktail bar arrives in Seattle’s Pioneer Square

Pioneer Square has a new destination for craft cocktails after Death & Co. officially opened its first Seattle bar Thursday.

3 hours ago

nepal flood victims restaurant...

Nia Bliss, KIRO 7 News

Washington restaurants hold fundraisers this weekend to help flooding victims in Nepal

King County restaurants are throwing fundraisers to help rescue efforts and victims affected by catastrophic flooding at the Nepal-China border.

4 hours ago

Showbox owner is suing the City of Seattle