Developer Doubts Decision, Seeks Day in Court

TACOMA, WA-Would-be developers of the 650,000-sf Tacoma Promenade shopping center have cried foul again.

In a petition filed this week, they claim the Ninth U.S. Court of Appeals ignored their rights to complete the $8.3 million land buy back in the early 1990s and also deprived them of their day in court.

In its original lawsuit, Tacoma Promenade asserts that the City of Tacoma and Promenade entered into a contract for Promenade to purchase an 80-acre site known as Wapato Hills and develop a shopping center. Shortly before the transaction was to close, according to the lawsuit, the City advised Promenade there were wetlands on the site and prohibited Promenade from building on the wetlands without required permits. However, the suit claims, the City refused to give Promenade time to obtain the permits. The lawsuit filed by Promenade was dismissed without a trial. Promenade then asked the Court of Appeals to reverse the trial court, but was denied.