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Annman
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Isn't there a legal way we can eminent domain Escala in the 'public interest', scatter those BANANA's (Build-Absolutely-Nothing-Anywhere-Never-Again's) to the four winds, and demolish the building and build affordable housing to 55-stories in height in its place. We'll fund the equitable compensation with a collective developer trust fund called "Operation dEscala" :lol:
 

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J'en ai marre.
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Well, it looks like the hearing examiner did not rule as the Escala HOA wished, but they're claiming that the ruling was too broad, and want, of course, to appeal further.

https://web6.seattle.gov/Examiner/case/document/14005



The full gore is at https://web6.seattle.gov/Examiner/case/MUP-19-031
Sadly this is just a motion on an intermediate ruling as to which of the shotgun full of issues that Escala sought to bring before the hearing examiner will be excluded from being argued (due to lack of the hearing examiner having jurisdiction over the issue by law). The ruling only excluded some of Escala's traffic related concerns, and Escala's motion seeks to preserve others of its alley use concerns. We still have to await the hearing examiner's final decision on the myriad of issues being argued by Escala that still remained for the hearing that went on last week.
 

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J'en ai marre.
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They had 4 days of oral arguments. Appeal will likely be denied.

Can they just run out of money already? I can't imagine their legal bills not topping 6 figures by now.
Note that this proceeding is itself called an appeal (to the hearing examiner of the DSCI's decision to approve the MUP for the project).

If dissatisfied with the hearing examiner's decision, Escala could conceivably appeal the hearing examiner's adverse decisions to WA state court. (As I understand the process)
 

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God Bless them. I can’t imagine getting a lot of traction against building towers downtown, but spend that money I suppose.
 

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Does anyone know at what point the owners/developers of the this lot and 1933 5th can (assuming they can) start cross-claiming for court and legal costs for harassing litigation?
 

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J'en ai marre.
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At state court level, the project developer could seek sanctions against bringing frivolous claims. I'm not sure that exists at this administrative court level. But the remedy against that is really to bring a motion to dismiss over issues for which the hearing examiner lacks jurisdiction, for example. Which is exactly what this intermediate ruling was about.
 

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Here everyone, have a laugh at Escala.

https://web6.seattle.gov/Examiner/case/document/14206

They went for a Motion of Summary Judgment. Probably not the right move, but it signals to me that there's a chance they drop their appeal of the decision. They had a very weak case and it reads like a last ditch effort.

The Hearing Examiner was having none of it and smacked them down in a very harsh, in the legalese sense, way.
 

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They may have lost, yet won the calendar. If the economy goes into recession and lending gets tighter, they may have bought all the time they needed.
 

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Annman
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They may have lost, yet won the calendar. If the economy goes into recession and lending gets tighter, they may have bought all the time they needed.
You know those Escala residents have tons of exposure to portfolios on Wall Street... they may have the calendar, but they don't have what they love most... their hoard of stockpiled stocks and investments.
 

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Now that they've got all that settled, can they go back to the full half block twin tower proposal from before the crash (Heron and Pagoda Towers I believe they were called)?
 

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I wonder if this will move forward now, the hotel component is probably challenging.
 

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I think this project dodged a huge bullet ironically. If none of this Escala fight had happened, this project may have finished and just open...right before this COVID-19 has hammered hotels. At THIS point, if they start construction in the next few months, it'll be 2 years before it's really open and running, which should (fingers crossed) be well passed all this nonsense and back to "tourism" and travel.
 
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