The City of Seattle wants several claims being made by the attorney for the Showbox music venue to be dismissed and get the case back to "its appropriate procedural footing" with a narrowed scope.
City Attorney Pete Holmes filed the motion for partial summary judgment in King County Superior Court on Friday.
Brad Keller, who represents "1425 1st Avenue LLC," which owns the site of the Showbox, filed a lawsuit against the city after the Seattle City Council approved a temporary rezone to add the venue to the Pike Place Historic District. The rezone temporarily halts plans by Onni Group, a Vancouver, B.C. development company, to construct a 442-unit apartment building.
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The lawsuit aims to invalidate the rezone. If that doesn't happen, attorneys for Onni Group will seek approximately $40 million in damages.
The city is asking the court dismiss the plaintiff's LUPA, takings, and appearance of fairness claims, as well as a baseless compelled speech claim.
"Having restored this case to its appropriate procedural footing and narrowed its scope, this court should exercise its discretion to bifurcate plaintiff's monetary claims and order this case placed on a civil case schedule to resolve plaintiff's claims for declaratory relief," the request for partial summary judgment states.
A hearing for the motion is scheduled for Oct. 18 at 8:30 a.m in King County Superior Court.
The Showbox is protected for about 10 months until it finds a permanent solution to save the Showbox.
