Following a lengthy series of written briefs and oral hearings earlier this month, Thurston County Superior Court Judge Lisa Sutton ruled February 23rd that the City Council had full authority to deny the MPA and committed no errors of law in doing so.

What next? Within the next couple of weeks, Judge Sutton will provide the written order. As soon as we see it, we will post a link to view or download it.

Horton may elect to appeal the ruling to the Court of Appeals, but that would seem futile, considering Judge Sutton’s heavy reliance on theWashington State Supreme Court’s 2011 ruling in Phoenix Development, Inc. vs. City of Woodinville. Continuing to argue that the City Council lacked the authority to deny the MPA would seem futile in light of Judge Sutton’s ruling and this Supreme Court case.

It seems more likely Horton will continue its recent efforts to develop the property as a plain old subdivision. Horton has requested the City of Olympia consider a Comprehensive Plan Amendment which would rezone the Trillium property to R6/12 (similar in density to Neighborhood Village) and, as a result, the Planning Commission will be scheduling a review (and we assume, hearings) of this rezone request.

We’ll keep you posted as we learn more about the Planning Commission’s plans to review the rezone request.