Salmon Bay Sand and Gravel and other Ballard businesses opposed to safety improvements, including the long-overdue completion of the “missing link” of the Burke-Gilman Trail, along Shilshole Ave in Ballard were dealt another blow in the courts.
After last summer’s decision in King County Superior Court, which sided with the city and Cascade Bicycle Club on eight of nine complaints, the judge remanded the environmental review to the city so that they could study the 0.3 miles of Shilshole Ave that hadn’t been evaluated. Even though the next phase of the environmental review has yet to be completed, trail-opponents rushed to appeal Judge Rogers ruling on the eight complaints where he found in Cascade’s favor.
Today, the Court dismissed Salmon Bay’s appeal. While Salmon Bay may ask the panel of the three judges assigned to the case to modify the commissioner’s order, it is unlikely that they would.
As for the status of the project, it is our understanding that the required additional environmental review is almost complete and that the city is looking at issuing a new threshold determination on full project, including the so-called permanent route on Shilshole Ave NW, by sometime in December.
From there we will likely have to go before the Hearing Examiner once again and then back to Judge Rogers courtroom. [Edit:] SDOT intends to see through the full appellate process before the trail is built.