Citizen group sues over Douglas Auto Wrecking relocation

by Richard Burger
Yakima Valley Business Journal, May 2008

A group of county business owners and residents have taken legal action against Yakima County and the owners of Douglas Auto Wrecking to stop the relocation of that business, which is currently underway.

The Citizens Protecting Resources have retained attorney Jamie Carmody, who filed a lawsuit April 2nd in Yakima Superior Court.

That suit asks the court to declare the relocation agreement and option agreement illegal and invalid, to prohibit the expenditure of public funds or transfer of public property for the relocation, to return all the funds paid to Douglas Auto Wrecking, to declare movement of the wrecking yard improper, and to require the defendants to pay costs and attorney fees.

Carmody also sent a letter to the Washington Attorney General's Office, asking that action be taken regarding improper extension of pubic credit, and gifting of public funds in connection with the relocation.

The current site of the wrecking yard is on an island in the Yakima River adjacent to the Donald-Wapato Road and immediately upstream from the Donald-Wapato bridge, and contains slightly less than 20 acres.

Carmody's letter lists the accessed value of the current site as $28,700. He also expresses the belief that the title for the property is "uncertain," and that it may belong to the state, because of its "right of sovereignty over lands beneath navigable watercourses".

In return for the title to the current Douglas site, the county will advance or pay about $625,000, Carmody's letter said.

The CPR group agrees with the need to relocate the wrecking yard away from the river, but take issue with the way the county is going about it.

Various members of the group have met with and communicated with county commissioners on a number of occasions over the last several months to voice concerns about the potential effects of the relocation.

The concerns expressed related to the potential for contaminating aquifers in the vicinity of the relocated yard, and for what they perceive as objectionable aesthetic effects.

The commissioners have responded that the relocation project complied with all requirements for such a move, and have indicated they intend it to be used as a model for other similar relocations.

Carmody's letter claims, however, that the relocation agreement with Douglas violates the state constitution.

The letter asks the state attorney general to institute an action against the county which would declare the relocation agreement and contracts void, prohibit further expenditures on the project, and recoup the funds that have already been spent.

Meanwhile, work at the new site is continuing, most noticeably with the installation of a fence around the property being installed by Douglas.

CPR member Craig Fisher requested Public Services Director Vern Redifer to contact him regarding that installation.

In an email exchange with Fisher, Yakima County Commissioner Mike Leita said commissioners had instructed county employees not to respond to his request.

The email said, "Since "wrecking yard" legal action has been initiated against Yakima County, the Commissioners have instructed all Yakima County staff not to engage in dialogue with those seeking harm against the County. It is for that reason no responses have been or will be made.

Fisher said he was "irritated" by Leita's response, and denied that he or CPR were trying to harm the county.

Leita's email went on to say that he had "verbally requested a list of those party to the legal action," and that as of April 29, it had not been received.

"Pending the receipt of that list, we will assess our current position," the email said.

Fisher said as of April 30, the County had not responded to the lawsuit.

CPR recently launched a Web site at www.citizensprotectingresources.com which presents the group's position.