A Lewis County judge sided with the Port of Tacoma and Maytown Sand & Gravel, LLC (MSG) about the finality of a gravel mining permit on a Maytown site formerly owned by the Port.
Superior Court Judge Richard L. Brosey granted a summary judgment to the Port and MSG Wednesday, reversing the decision of the Thurston County Board of Commissioners to require extensive and duplicative new habitat surveys. The judge’s ruling reinstates Hearing Examiner Sharon Rice’s Dec. 30 decision that confirmed the property holds a valid and final special use permit for gravel mining.
In its March 14 decision, the Thurston Board of County Commissioners affirmed most of the hearing examiner’s ruling, but directed the hearing examiner to require MSG to prepare new studies of critical areas. The board’s decision effectively reopened parts of the unappealed 2005 gravel mining permit for additional field investigations.
In March, the Port and MSG, the current property owner, appealed the board’s decision because it violated Washington state law on the finality of land use decisions.
The court’s ruling means MSG may begin mining as soon as the remaining pre-mining conditions of the permit are met.
The Port and MSG also have filed a separate action for damages against Thurston County, which remains pending. Delays to MSG’s mining operation continue to jeopardize the Port’s sale of the property to the company.