Land grab by SeaTac city officials reveal the more realistic threat to our freedoms

By PAUL GUPPY  | 
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Aug 29, 2016

We often hear fears expressed about Americans losing their constitutional freedoms, that some dark political force will shred the Constitution and end protection of basic rights in our country. Such grand conspiracies are rightly seen as unlikely at best, or as positively nutty at worst.

A recent case in the City of SeaTac, however, shows that concerns about losing our basic rights are not so far-fetched after all, and that the greatest threat to core freedoms may come from the ambitious schemes of local officials, rather than some imagined break-down in national order.

Some years ago the mayor of SeaTac, aided by the city attorney and staff in the city planning office, cast their eyes on a prime piece of SeaTac business property owned by a West Seattle couple, neighborhood restaurateurs Gerry and Kathy Kingen.

The Kingens bought the 4.23 acre parcel in SeaTac in 2003 with the idea of starting a business on the site. Later, the couple discovered why it took so long – years – to get needed approvals from the city planning office. Unknown to them, SeaTac officials had quietly purchased the surrounding parcels and wanted to add the Kingen’s property to their holdings.

The Kingens had wanted to build a long-term parking garage to provide service to people using the airport. There was no public opposition to the plan. Secretly, however, SeaTac officials wanted to build their own parking structure, and sought to use their power over building permits to block a potential competitor.

When the “Great Recession” hit the Kingens could no longer make their loan payments on the undeveloped property. An unknown buyer came to the rescue, offering to buy the land at well below market value. “It was so frightening, we had no choice,” is how Kathy Kingen describes those stressful, hectic days.

Later, they learned the mysterious buyer was the City of SeaTac, the same local government that for years had blocked them from building their project and paying their bills.

In an added twist, the court found that former-Mayor Fisher, who lived in the same area, hoped to use city-led development to raise rents and drive local Somali families out of his neighborhood. He also hoped to sell his own property to a town-house developer, while pocketing a tidy profit. Fisher now lives in Nevada and has refused to comment on the case.

As reported by The Seattle Times, the mayor, city attorney and other local officials “sabotaged their [the Kingens] development plans, strong-armed them into giving up their property and illegally withheld city e-mails and documents that demonstrated the deception.”

Gerry Kingen said he and his wife refused to be intimidated. “I always take on the bullies,” he told The Times. The Kingens fought this clear case of local corruption and earlier this year, after years in court, won. They were fortunate they had the determination and resources to do so. Most families that lose out to grasping local officials are not so lucky.

For example, state transportation officials say they want to take a popular local grocery market in Seattle’s Montlake neighborhood to use as a temporary construction staging area. Public officials often quietly sell such valuable properties to private developers later, long after the original owners have been driven off.

The SeaTac land grab is a case of government theft and subsequent cover-up. Kathy Kingen had it right when she said this local government ran roughshod over property rights, which is just another way of saying that SeaTac’s mayor and city attorney tried to steal their land. Trial Judge Richard McDermott said there is evidence that the SeaTac City Attorney’s office “participated in this profound and unacceptable pattern of deception…Quite frankly the actions of the City of SeaTac in this case are unexplainable and totally unacceptable.”

Private theft and fraud is a common crime and we look to government to protect us from it. But what about when the would-be thieves are government officials themselves, acting on their basest instincts in a stark example of local corruption? Who protects us then?

The answer in this case was a vigilant court responding to legal facts presented by a brave couple who refused to be victimized. The Kingens prevailed and received compensation. More importantly, they received justice, which benefits the whole community.

The story ended happily for them. The lesson for the rest of us is that holding those who govern us accountable can never be taken for granted. The apocalyptic collapse of national order is unlikely. But if you are concerned about the possibility of losing your property or your civil rights, look closer to home.

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