The Benaroya Company has filed suit in King County Superior Court to challenge the Landmark Preservation Board’s vote to designate the Ballard Denny’s building as a historic landmark. The lawsuit aims to reverse the board’s decision. “The boarded up former Denny’s is not an important historic or architectural building, nor the work of a significant architect,” said Marc Nemirow, spokesman for Benaroya, in a press release emailed to My Ballard. “The landmark board agreed with these conclusions, but incredulously decided to designate the building a landmark anyway. This action isn’t legal.” Crosscut’s Knute Berger writes that the lawsuit “alleges, among other things, that the Landmarks Board action is ‘illegal and erroneous,’ that it violated procedure, and that it violated the owner’s constitutional rights.”
Meanwhile, Nemirow says Benaroya will move forward with the administrative process and “assist the board in a proper evaluation of the economic impacts of its decision.” We’ll post reaction from the building’s supporters as soon as we get it. The press release announcing the lawsuit follows below…
PRESS RELEASE — SEATTLE — Today BCC Mikie Ballard, LLC, a development entity of The Benaroya Company, filed suit in King County Superior Court to challenge the action by Seattle’s Landmark Preservation Board to designate the abandoned Denny’s building in Ballard, located at 5501 15th Avenue NW, as a Seattle landmark. “The boarded up former Denny’s is not an important historic or architectural building, nor the work of a significant architect,” said Marc Nemirow, spokesman for Benaroya. “The landmark board agreed with these conclusions, but incredulously decided to designate the building a landmark anyway. This action isn’t legal.”
Nemirow noted that although the appeal was filed, the applicant continues to work through the process. “Due to statutory deadlines it was necessary to file the court appeal in response to the Board’s February 20 decision, but we continue to be focused on the ongoing administrative process.” Nemirow said that the board must now negotiate with the land owner regarding the economic implications of the landmark decision. “We are concentrating our efforts on preparing information to assist the Board in a proper evaluation of the economic impacts of its decision,” he said.
The lawsuit seeks to reverse the decision of the landmarks board. Nemirow said that no timetable has been set for consideration of the appeal, and it is his desire to pursue the current process with the Landmarks Board, and hopefully avoid the need to pursue the court appeal.
