Pepper Fisher

SEQUIM – The latest chapter in the legal challenge by three parties to the construction of a MAT clinic in Sequim has the Hearing Examiner denying their motions for reconsideration, where they were seeking a reversal of his previous ruling, in which he dismissed their appeals to the issuance of permits for the project.

In his latest ruling, dated November 6, Phil Olbrechts said new evidence presented by the SOS group and the owner of Parkwood Estates, LLC, in which they made arguments about the way the MAT clinic would adversely affect the lives of people living nearby, was “found to be entirely based upon unsubstantiated beliefs regarding the anticipated behavior of MAT clinic patrons. As such, the evidence is too conjectural and hypothetical to establish injury.”

Olbrechts pointed to previous evidence presented by the Jamestown Tribe from the police chiefs of five different cities who identified that MAT clinics in their communities did not adversely affect their communities in any appreciable manner. He said, “Combined with the fact that the Parkwood development is located three miles from the proposal and that SOS has not identified any members living close to the project site, there is no evidence…supporting the conclusion that SOS, Parkwood or their members will be harmed by the approval of (the) MAT clinic.

Robert Bilow’s reconsideration motion focused on his argument that City Council review was necessary because of the Tribe’s ability to invoke sovereign immunity sometime in the future to avoid the City’s regulatory authority. Olbrechts said the argument “has no relevance to what review process the City’s regulations assign to a permit application.”

Olbrechts concluded by saying, “…the Tribe and City have met their burden to show there is no material question of fact on the issue of harm. The reconsideration motions of all three Appellants are denied. Mr. Bilow’s appeal is dismissed on its merits. The Parkwood and SOS appeals are dismissed due to lack of standing.”