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Lewis County has filed a lawsuit against the City of Chehalis over a stalled plan to open a night-by-night shelter in the city.
The suit, filed in Thurston County Superior Court on April 23, comes more than two years after county officials first identified a site to open the new shelter. A hearing is scheduled in Thurston County Superior Court for May 31.
“Chehalis, with knowledge of Lewis County’s intention and business expectancy to open the shelter with temporary occupancy by mid-September 2023, intentionally interfered with said opening for an improper purpose, delay and by improper means,” the lawsuit alleges. “As a direct and proximate result, Lewis County has sustained economic and non-economic damages in amounts to be proven at trial.”
In an email Wednesday, Kevin Nelson, a lawyer representing Chehalis, said the city wants a “safe, code-compliant shelter.”
“We want to work with the county, and historically we’ve had a great relationship with the county and we want to maintain that,” Nelson wrote on Wednesday. “The rules apply to everyone, and as a municipal government, Chehalis must follow the rules.”
On May 1, a lawyer representing Chehalis filed a notice to move the case from the state court system to the U.S. District Court for the Western District of Washington.
The plan to open a night-by-night shelter initially included opening an interim shelter at 2015 NE Kresky Ave., the former Washington State Employees Credit Union, as a permanent shelter at 2025 NE Kresky Ave was completed.
“Between December 12, 2023, and January 18, 2024, the county determined the use of 2025 NE Kresky Ave. as a final shelter location to be prohibitively expensive,” the lawsuit states.
A stakeholder group later recommended the county utilize 2015 NE Kresky Ave. for both phases of the project. In the lawsuit, the county asks the court to direct the City of Chehalis to approve temporary occupancy for the project.
Night-by-night shelters are a form of emergency housing that open each afternoon and close in the mornings. They offer food, showers and a place to sleep.
Located at the former Washington State Employees Credit Union on Kresky Avenue, Lewis County said a site located between the downtowns of Chehalis and Centralia “allows for proximity to services without changing either city’s character,” according to previous reporting by The Chronicle. The county’s statement also described the location as easily accessible to emergency services while being located on already-established public transportation routes.
After initially projecting the shelter would open by Oct. 1, county officials later expressed optimism the project would be completed by the end of 2023.
According to the suit, Lewis County filed to change the use of the property from a commercial building to a year-round indoor emergency shelter on May 5, 2022. While Chehalis acknowledged the application, the city took “no other action” until June 2023, according to the lawsuit.
In May 2023, the city first informed county officials that a conditional use permit would be required for the application, according to the lawsuit.
“The county viewed the conditional use permit requirement as contrary to Washington land use law and attempted to negotiate with the city through email and meetings with city personnel to include the city planner, city manager, mayor and city attorney,” the suit states.
The county applied for a conditional use permit “under protest” and “simultaneously applied for a code interpretation” on July 17, according to the lawsuit.
The county received the code interpretation on Sept. 15, which reasserted a requirement for a conditional use permit. The county appealed the interpretation on Sept. 29.
According to the lawsuit, on Feb. 29, Lewis County received a letter declining to issue building permits “based on either the current or proposed temporary occupancy.”
On March 14, Lewis County sent an analysis of proposals to “reduce risks involved with the plan for temporary occupancy with a renewed request to consider the proposal.” On March 21, Lewis County received a letter denying a request for temporary occupancy.
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