A parcel adjacent to Allan Yorke Park would add about 13 acres of land

By Dennis Box

The Courier-Herald

The price of a park for Bonney Lake will be decided this week either by a jury or through negotiations, according to both parties in a condemnation suit.

A 12.5-acre parcel next to Allan Yorke Park has reached the critical mass stage of a trial after negotiations on a price failed during the past 14 months.

A 12-person jury and one alternate was selected July 27. The Pierce County Superior Court jury is made up of six men and seven women.

Schuur Brothers Construction owned the land, known around the city as the Moriarty property, when members of the Bonney Lake City Council decided in May 2004 to condemn the piece for an expansion of Allan Yorke Park.

Condemnation is a legal process that allows a city to take land for the greater public good. The city must pay fair market value to the owner.

The council voted 6-1 for condemnation May 25 with Councilman Jim Rackley voting no.

"I'm against condemnation of property except for roads or for transportation reasons," Rackley said.

Mayor Bob Young vetoed the ordinance, but was overridden by the council June 8.

Bill Schuur, president of Schuur Brothers, hired Warren Daheim from the law firm Gordon, Thomas, Honeywell, Malanca, Peterson and Daheim, to represent his company.

Jeff Ganson and Kathleen Haggard from the law firm Dionne and Rorick represent the city.

The last public offer by the city for the property was $2.1 million, according to city officials.

Schuur said his property has been assessed at about $8 million. The construction company planned to build 68 town houses on the site.

After the jury was seated, opening arguments began Thursday and the body of the trial was set for this week.

Daheim predicted the proceedings would conclude by the end of the week and he noted negotiations might continue right through the verdict and even after.

The City Council voted to take the land because of the city's stated need for parkland.

"Whatever the price is we have to pay for this property, it will be the best buy the city ever made," Councilman Neil Johnson said. "It's unfortunate it came to this. This is what happens when you don't have a vision."

While Schuur admits the city has the right to condemn the property, he feels the city was wrong in this case.

"It's outrageous," Schuur said. "I still feel that way. We will negotiate if they get reasonable. Before I bought this property I asked the city 10 times if this was not part of the parks plan. I was told no. This is the best piece of property I ever bought for development. People seem to think I could replace this project. If anyone knows of 12 to 13 acres to develop around here let me know."

Young said he continues to disagree with the condemnation of the land.

"I'm concerned what the final tally will be," Young said. "I tried to advise the council about what we were up against. I vetoed it. I tried to tell them this could be a problem."

Johnson said when the land was originally offered to the city before and during Schuur's purchase the mayor did not bring it to the council.

"We had a chance to secure this land," Johnson said. "It was the mayor's decision not to present it. How could the administration not want this property? There is only so much open space left in Bonney Lake. The City Council did not do this lightly. When people speak, we listen."

Young stated he did not become involved in negotiations until after condemnation was being considered.

"It was never offered to me," Young said. "By the time he (Schuur) and I talked, condemnation was moving ahead. The City Council seems to feel I knew about the deal. I did not. I didn't want to buy the property. I knew it was going to be developed and it would cost too much."

Rackley said he recalled Schuur presenting his development plans to the council.

"He (Schuur) was up front about this from the start," Rackley said. "The council said 'wonderful.'"

The city took possession of the land Nov. 8 and paid Schuur $1.95 million.

Eric Schmidt of Cascade Design Collaborative in Seattle was hired by the city to design a plan for the property, which could include a soccer field, baseball field, multipurpose building, tennis courts, amphitheater and trails.

City officials said the complex could cost about $1 million and funds would likely be raised through government grants.

Dennis Box can be reached at dbox@courierherald.com.