Hawkins files cross motion in OVIC suit to stop project

Gazette Editor

Attorneys for Hawkins Companies last Thursday filed a cross-motion in the civil suit filed against the company and Whitman County by the Organization to Void Illegal Conduct. The motion asks the court to drop the fifth point of the OVIC suit which contends Hawkins lacked registration to do business as a contractor in the state of Washington.

The OVIC suit filed by Pullman attorney Tim Esser seeks to void the agreement which calls for the county to provide infrastructure expenses for the proposed Hawkins development on the Washington side of the state line.

The Hawkins cross motion was filed by Robert Rembert of Pullman on behalf of the Seattle law firm representing Hawkins.

A pre-trial hearing on the motions in the civil suit has been scheduled for Feb. 21 in superior court.

The Hawkins cross motion contends OVIC lacks legal standing to bring “what amounts to a taxpayer challenge” under the contractor claim. It argues OVIC was not a participant in the development agreement or charged with enforcement. It added OVIC failed to request action by the state attorney general which is a prerequisite of the Contractor Registration Act in Washington.

The Hawkins response said its development agreement with the county does not call for it to engage in contractor activities as described in the statute. Under terms of the agreement Hawkins will act as a representative of the county in signing contractors for the project, according to the motion.

Among attachments filed with the Hawkins motion was the Feb. 4, 2008, preliminary agreement which called for $9,129,523 in infrastructure projects which were to be paid by the county.

A third attachment includes the amendment dated Jan. 3 of last year which moved the reimbursement cap for the county up to $15 million after the development project had been on the shelf for four years during the recession.

That attachment carries the signatures of former commissioners Greg Partch and Pat O’Neill. Both were defeated in bids for re-election last year and both noted decisions they made in the revived Hawkins negotiations were a big factor in their election defeats.