OPINION
There is no "comp", any past comparison with what the property owners of Zone 1
east of 39th Avenue S.E. have had to endure for the past 19 years. And now,
given facts and the evidence regarding those Zone 1 properties, one has to
assume this a taking without compensation for any of the possible variety of
reasons that result. 

Without any compensation for enormous loss of value, a lifetime investment, the
property owners are expected to shoulder that which the high court in King
County ruled illegal taxation. But to be perfectly clear, the property owners in
no way wish to affect the three creek fishery that adjoins North Creek to form
the Critical Species Habitat. The property owners have established the fact that
Zone 1 east of 39th S.E. is set apart from the fishery and does not influence
it. Note Shallow Aquifer Focus

In 2007 the city sent a consulting planner to the properties, the first official
physical presence to date other than Bothell Connector arterial project tests.
During a walk through the zone we were told by him that we would have to assume
ground water presence and flow. As of Spring 2015 privately funded pit tests
have shown the absence of assumed ground water.

Surface and storm water flow evidence is simply a matter of observation. 
Note Shallow Aquifer Focus

That has been indicated with the maps shown on this web site. To date there is
almost no man made control of this water, ditches along the 39th Ave right-of-
way are filled with dirt, overgrown, and the water flow is left wild to gravity
and slope. It must be noted that development allowed reasonably on Zone 1
properties will create sophisticated flow control, infiltration. The
dedicated wetland west of 39th S.E. will continue to filter through natural
processes and resources, the best combination of all worlds continuing to flow
south and away from the
fishery. Some Wetland History

The BAS, best available science studies of pre 2007 did not finish the work
because Zone 1 was "assumed" as noted above. The city was forced to comply with
council decisions and the non profit organization supporting the effort to
create the Critical Species Habitat acted as obstructionists in not allowing the
realities regarding Zone 1 properties to come to light. 

That was a very unfortunate act disregarding the lives of others, forfeiting the
rights of Zone 1 property owners by ignoring the facts. As noted above no
authorized persons doing BAS, best available science studies requested
permission to enter the properties nor did they do any actual tests, including
pit tests, concerning BAS. It was the continuing actions of a non profit that
disregarded Zone 1 realities and lobbied for Zone 1 inclusion in their LID
experiment. Again, the property owners of Zone 1 wish not to change the LID
restrictions for the three creek fishery but rather cause decision makers to
realize and act on reality regarding Zone 1 east of 39th Ave S.E., supported by
facts. 

 Read Some Facts

Tom Berry