(c) 1995 Copyright Nando.net
(c) 1995 Scripps-McClatchy Western
TACOMA, Wash. (Dec 9, 1995 - 02:41 EST) -- The man who filed one of
two lawsuits to stop construction of Intel's computer plant in DuPont
dropped his legal challenge Friday.
Olympia resident Arthur West said he withdrew his lawsuit because he
believes a second case against the computer chip maker would be more
successful.
West, a paralegal who represented himself, filed suit Oct. 12. He
claimed Intel, DuPont and Weyerhaeuser Corp. -- developer of the
Northwest Landing site where Intel is building -- violated state
environmental laws.
A second lawsuit filed Oct. 31 by Seattle lawyer Jeffrey Eustis for
Pierce County farmer Kenneth Braget made similar allegations. But
those allegations were made under the state's Land Use Petition Act, a
1995 law used to challenge land-use decisions.
Intel spokesman Bill Calder said the company is happy West's lawsuit
was dismissed. Weyerhauser spokesman Frank Mendizabal agreed.
"We felt all along that the city appropriately reviewed and approved
this project and we're moving ahead on that basis," Calder said.
West acknowledged Friday that his lawsuit likely would have been
dismissed and that Eustis and Braget are more likely to succeed.
"The attorney who's dealing with Mr. Braget is doing what I would do
and is doing it better," said West, who appeared before Pierce County
Superior Court Judge Sergio Armijo wearing one green and one yellow
sneaker and a torn black T-shirt under his sports coat.
West said he wouldn't have filed his lawsuit if he had known Braget
planned to sue.
"Mr. Eustis is an expert in this field. Land use and environmental law
are hideously complex," he said. "I don't want to muck things up for
him. The only thing I could accomplish here is to bore the court with
a lot of technical arguments."
Eustis also represented a citizens group that spent several years
trying to block a new thoroughbred horse racing track in Auburn. He
didn't stop the project, but delayed it.
West knew he was in for a tough court fight Friday. Lawyers for Intel
had asked the judge to dismiss West's lawsuit. They said West had no
standing to sue, that he sued under the wrong law, and that he
suffered no harm as a result of the Intel decision.
During the brief court hearing, West and lawyers for all the
defendants agreed the lawsuit should be dismissed. Armijo complied.
Despite the dismissal, West said he was glad he filed the lawsuit.
"It's the best $110 (filing fee) I ever spent," said West, who has
filed several lawsuits against public agencies. "It's been the best
lawsuit I ever filed because of the public interest in environmental
protection and environmental laws."
West claimed the City of DuPont should have required an environmental
impact statement instead of granting a "mitigated designation of
nonsignificance" for the Intel plant. He maintained the city was more
concerned with the financial benefits of the Intel plant than with the
environmental consequences. The city's ruling allowed Intel to build
without a full environmental study.
West had asked that the environmental-review process go back to the
beginning, which would delay construction of the $250 million project
that eventually could employ up to 7,900 people.
Braget's lawsuit makes similar allegations. A hearing on that case is
set for Dec. 15 before Pierce County Superior Court Judge Waldo Stone.
Despite the dismissal, West vowed to continue to monitor Intel and
others working on the plant and related projects to make sure they
comply with state environmental laws.