Court House Construction Dispute Nears Legal Limbo
A procedural error by the bench keeps former county commissioners out of jail while the county's infrastructure project remains deadlocked.
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That J. B. Clements and Alex McNeill were not in contempt of court when they let the contract for building a court house in disregard of a court order is the ruling of Judge Carey of Colville, who sat for Judge Truax in Prosser Wednesday. Judge Carey dismissed the case against the two former commissioners on the ground that the citation was not good. The court, Judge Carey says, did not have jurisdiction in issuing the citation because the restraining order, which it is alleged Clements and McNeill violated, was not in fact a restraining order because it was signed by Judge Linn before the complaint was filed with Clerk Delle. Immediately upon hearing Judge Carey’s decision they gave notice of an appeal. While Judge Carey’s decision is of considerable importance to Clements and McNeill, it has no vital bearing on the final outcome of the court house fight. It has been recognized by both sides that their chances for victory or defeat rest upon the decision of the supreme court in the original case which was heard in the superior court by Judge Grady.
“It has been recognized by both sides that their chances for victory or defeat rest upon the decision of the supreme court.”
Local government infrastructure fights, often tied to bond issues and site selections, have remained a constant in Tri-Cities civic life. The procedural maneuverings here underscore the way historical legal battles over public land use often mirror contemporary zoning and development controversies.
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