Lawsuit Against Town and Aboubakrs Settled
A lawsuit that was brought against the Town of Steilacoom and former Councilwoman Connie Aboubakr and her husband, Karim, has been settled. The petitioner of the lawsuit was Steven Bruno, the developer of Sunnyside Heights on Lafayette Street. Town Attorney Larry Hoffman made the announcement regarding the settlement at the Steilacoom Town Council meeting on January 5. Superior Court Judge Ronald Culpepper signed a stipulation and order of settlement and dismissal for the lawsuit on December 29.
The lawsuit asserted that Steilacoom didn’t follow several of its own municipal codes pertaining to wetlands and critical areas in the issue of the Aboubakrs’ Top of the Bay development, and also cited possible wetlands and fill violations there. Hoffman told the Town Council that all parties in the lawsuit agreed to dismiss it after settling on three changes to the Town’s August 4 approval of the Top of the Bay preliminary plat.
The changes to the approval involve lots nine and ten of Top of the Bay, which is bordered by Lafayette Street, Steilacoom Boulevard and Sunnyside Heights. Under the settlement, the final plat must include a notice that lots nine and ten contain fill material placed there prior to the plat application. If the Town hasn’t determined the historical grade prior to the final plat approval, then the notice must also stipulate that historical grade determinations that follow the Steilacoom Municipal Code must be made on the two lots. In addition, some language must be changed to reflect the fact that the Town’s approval of the preliminary plat doesn’t indicate a determination of the historical grade on lots nine and ten.
The third change concerns adding some statements regarding access to lots nine and ten. If access to Steilacoom Boulevard from lots nine and ten isn’t feasible due to the grade or other reasons, then the Aboubakrs’ must provide access through the development’s internal road. Following Hoffman’s report to the Town Council of the settlement and dismissal of the lawsuit, Mayor Ron Lucas commented that the settlement indicated “A claim that was made against the Aboubakrs was ended.”
“I think that the Council and the people in town need to appreciate the work Mr. Fortner has done,” the attorney said regarding the settlement. He added that, “The (Town) staff did good work.”
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