King County Superior Court Judge Patrick Oishi dismissed a lawsuit filed by Friends of the Snoqualmie Valley Trail and River (FOSVT), appealing the Washington State Department of Health’s approval of the City of North Bend’s 2020 Water System Plan on October 15, 2021.
On August 27, the Department of Health (DOH) filed a Motion for Summary Judgement, stating that FOSVT had not established standing in the case legally required under RCW 34.05.530.
The City of North Bend filed a Joinder- in the union in one lawsuit of multiple parties who have the same rights or against whom rights are claimed as co-plaintiffs or codefendants[1]– and Adoption of the DOH Motion for Summary Judgment.
In his decision, Judge Oishi – after considering evidence and argument of counsel – granted the Department of Health’s Motion for Summary Judgement and dismissed the lawsuit in its entirety with prejudice.
A civil matter which is “dismissed with prejudice” is over forever. This is a final judgment, not subject to further action, which bars the plaintiff from bringing any other lawsuit based on the claim[2]
The Water System Plan outlines North Bend’s plan – consistent with Growth Management Act (GMA) requirements and other state law – to deliver safe and reliable drinking water to its current and future customers, including City residents and Unincorporated King County residents.
In addition to the DOH approval, the 5-year Water System Plan was also approved by the North Bend City Council, the King County Council, the King County Utilities and Technical Review Committee and the Washington State Department of Ecology.
[1] Joinder legal definition of joinder (thefreedictionary.com)
