On Friday, Judge McDermott presided over the final stages of the K&S lawsuit against the City of SeaTac.  The results reflect poorly on the City of SeaTac senior staff, legal counsel, and the planning department.  In summary, including jury verdict award, interest, and legal fees, the Kingen family was awarded $18.3 million (a new Washington State record for land use jury verdicts).  Additionally, the judge made the unusual recommendation that formal sanctions be made against the City of SeaTac’s attorneys who colluded with  SeaTac planning staff in a pattern of deception, dishonesty, and violation of the law in order to destroy the Kingen’s commercial property value so that the City of SeaTac could take their property from the Kingens for the city staff’s own central planning schemes.

Judge McDermott found SeaTac guilty of deception and dishonesty on Friday.
Judge McDermott found SeaTac guilty of deception and dishonesty on Friday. He had harsh language for SeaTac city legal staff.

I have written several articles here and here detailing what appears to be a serious staff infection at the City of SeaTac.  It has been clearly pointed out that SeaTac’s senior legal counsel, Mary Bartolo was providing inaccurate and misleading information to the SeaTac City Council.  It appears these articles were not harsh or clear enough.  The truth is far worse than anyone has realized.  Here is what the judge says:

“A government entity owes a duty of honesty and transparency to those people to whom they deal with…The City (of SeaTac) violated that duty so many times I’ve lost count,…it’s amazing.  Quite frankly, the actions of the City of SeaTac in this case are unexplainable and totally unacceptable.  The period of deception even lasted through their answer in the public records…I find this to be the worst thing about this case is the actions of the City and how dishonest they were and I find that to be completely and totally unacceptable.” (p46-47 Transcript K&S vs. SeaTac hearing July 8, 2016)

In case that wasn’t clear enough, here is another quote, and if you want to listen to the judge actually make these statements, you can listen here as well

“I also want to make sure that there is no mistake on the part of the defendants or the plaintiff that the City engaged in a pattern of deception that lasted years, and because of that, the Kingens’ damages are not just limited to losing the property…” (p45 K&S vs. SeaTac July 8, 2016)

SeaTac’s staff infection and central planning scheme leads to $18.3 million loss to the city

For a complete review of the findings of fact, I have attached documents at the end of this article.  However, the summary of this case is basically as follows:

Not everyone gets a warm welcome in SeaTac. Apparently some people have their property stolen by city staff
Not everyone gets a warm welcome in SeaTac. Apparently some people have their property stolen by city staff

A land developer (K&S) owned a piece of Land in SeaTac in 2004.  They want to build a parking garage.  The Central Planning Staff at the City of SeaTac decide they don’t want a parking garage there, but they keep this to themselves, and keep changing the rules for the property owner.  City legal staff goes along with the deception aiding and abetting the scheme.  The City decides they want the land for their own project, and they keep this secret too.  The City staff also wants to partner with another parking garage company, and they don’t want the Kingens to be their competition.  Eventually, after many years of closing every development door to the property owner, the City of SeaTac is able to force the property owner into financial distress.  The city uses a straw buyer (“the guy”) to acquire the debt on the property and secretly threaten to bankrupt the property owner.  Under financial stress and other pressures, the property owner is forced to lose the property and only realizes that the same SeaTac staff who were denying their permits for six years were the same people who bought their debt, threatened them, and now owned the property.   

At that point the property owner wants to discover the truth and attempts to get public records to see what was really happening.  The City fails to comply, hides records, can’t find records, delays, etc.  The property owner takes years to get enough records to realize the enormity of the original scam played on them and files a lawsuit against the City of SeaTac.  The city tries to claim that the statute of limitations has run its course (so sorry, you waited too long to figure out what we did while we were destroying and hiding records from you).  After many years and expenses, the case goes before a Jury in Superior Court, and in January the Jury awarded $9.6 million to the Kingen family.  Last Friday, the final step in this decade long experiment in central planning empire building by SeaTac staff was closed and after interest, penalties and legal fees were negotiated, the City of SeaTac is on the hook for $18.3 million.

SeaTacCityHall - 2nd option
A serious housekeeping is in order at SeaTac City Hall

All this because the City staff, attorneys and to some extent  the legacy elected officials decided to play Simcity with other people’s property.

It gets worse – the insurance company may not have to foot the bill

As I wrote about in my last article on this issue, the insurance company has filed a lawsuit against the city, and to quote from that case, once again:

“There is an actual and justiciable controversy as to whether the City is liable based on any criminal, dishonest, or fraudulent acts or omissions that constitute a knowing violation of the rights of another person.”(paragraph 147 insurance company lawsuit against the City of SeaTac alleging why the insurance company refuses to pay the jury verdict against the city)

Mary Bartolo - SeaTac City Legal Counsel at a recent City Council Meeting
Mary Bartolo – SeaTac City Legal Counsel at a recent City Council Meeting. Under her direction, legal staff were dishonest and deceptive, costing SeaTac taxpayers at least $18.3 million

The City of SeaTac’s legal Counsel Mary Bartolo attempted to claim this was misquoting or mischaracterizing that case. However, Friday’s ruling from the judge in this case makes her effort to deceive and mislead the elected officials or the public that much more difficult.  In fact, the City of SeaTac probably needs new legal counsel because sanctions are going to be brought against at least some of these attorneys and they may not be able to practice law when this is done anyway.

For the naive and ignorant who still want to suspend disbelief or who think this is hyperbole, let’s quote from Judge McDermott:

“…the City Attorney’s Office participated in this profound and unacceptable pattern of deception.  That violates the rules of professional conduct.  That is totally and completely unacceptable to this court… I have never filed a complaint against a lawyer, but I would seriously recommend that you take some advantage to do that, counsel, because that can’t be allowed to exist.” (p.49 K&S vs. SeaTac July 8, 2016)

Mary Bartolo in court on Friday listening to the judge recommend sanctions against the staff she manages for unethical, dishonest, and corrupt behavior which cost the taxpayers $18.3 million
Mary Bartolo in court on Friday listening to the judge recommend sanctions against the staff she manages for unethical, dishonest, and corrupt behavior which cost the taxpayers $18.3 million

Judge McDermott does give Mary Bartolo some benefit of the doubt in this excoriation of the legal staff, but she does not deserve it.  It defies all reason and logic to believe Mary Bartolo did not approve and supervise the pattern of deception which SeaTac legal counsel abetted and encouraged in their planning department.  The best argument that Mary Mirante Bartolo can make is that she was incompetent, knew nothing, and that as a manager she did such a poor job that this pattern of deception happened under her nose for many years and she didn’t know.  Either way, the taxpayers of SeaTac are on the hook for $18.3 million and the city desperately needs new legal counsel.

It should be noted that interest will continue on this award throughout the appeal process at 12% per year until it is paid.  That is over $6,000 per day, $180,000 per month, $2 million per year that will be added to the $18.3 million.  At some point, this becomes real money – even when the bureaucrats and politicians act like it doesn’t really matter.

SeaTac City Councilman finds Tea Party Conspiracies in every shadow, but can't see corruption when it is right in front of him
SeaTac City Councilman Tony Anderson finds Tea Party Conspiracies in every shadow, but can’t see corruption when it is presented to him with evidence in court. The Jury did not find his testimony to be credible.

Long-term City Council member Tony Anderson, one of the few incumbents left on the SeaTac City Council was paid to represent the city throughout the long jury trial.  Despite all the evidence he witnessed, when called to the stand and asked if he thought the city staff did anything wrong, he paused for a long time and finally said “No.”  The jury disagreed.  This illustrates what is wrong in the City of SeaTac.  Some elected officials and staff don’t see corruption even when it is presented to them.  These are the people who should not be in government.

How many others have been harmed by SeaTac’s staff infection?

The real question that this entire fiasco raises for the citizens of SeaTac and their elected council is just how many other people have had their lives ruined, investments destroyed, and dreams dashed because of staff run amok?  It is doubtful that the Kingen family is the only property owner damaged by this behavior.  There are many of them, but most of their dreams were successfully crushed by the city staff and schemes.  It is hard to beat City Hall.  When City Hall is corrupt and dishonest, it gets harder.  We are fortunate that Kathy and Gerry Kingen prevailed and has exposed this corruption for all to see.  We can only hope this discourages other cities and bureaucrats from doing this to property owners as well.

New SeaTac City Council being sworn into office January 2016
Voters swept out incumbents in SeaTac last fall. New Council members being sworn into office in January 2016. They have their work cut out for them.

Fortunately for the taxpayers of SeaTac, there is a bright side to this dark cloud over the city.  Voters last November replaced all four incumbents with new elected officials who can turn over a new leaf and bring honesty, transparency, and fiscal responsibility back to the city.  While staff have successfully sabotaged the new council’s first city manager, it is possible for the council to recover.  Additionally, the council can remove their corrupt and dishonest legal staff.  New attorneys are not hard to find.  Cleaning up city government is never easy, but it has to start somewhere.

We may never know how many have been harmed in the past or are being harmed right now by this abusive staff, but we can start the healing process by replacing senior city staff and perhaps reminding them that they work for the people and to stop treating the people like the governed…

In SeaTac, it appears nobody is safe from staff's plans to steal your property
In SeaTac, nobody is safe from staff’s plans to steal your property

___________________________________________________________________________

Our Constitution begins with the phrase “we the people.”  It was the founder’s intent that government be created by the people, to serve the people.  It wasn’t their intention for the people to serve the government.  It was always intended that government which failed to serve the people should be “altered or abolished.”  Until we return to the founder’s intent, we remain We the Governed

Source documents and related articles linked below:

City of SeaTac misled by staff attorney,  highlighting the staff infection

The City of SeaTac suffers from a serious staff infection

Resident tells SeaTac Council to put aside personal gripes and “fix the damn city”

Childish Political Leadership in Thurston County is Costing Taxpayers Millions

July 8, 2016 Hearing Transcript KS v. SeaTac

Findings of Fact and Conclusions of Law in Support of Promissory Estoppe…

Final Judgment

Interrogatories and Answers

Insurance company rejects payment because of fraud and other reasons by the City of SeaTac

Jury Verdict – K&S Verdict Form (note Misrepresentation Claim 1.3 is another term for “Fraud”)

Plaintiffs Briefing – In support of Promissory Estoppel Claim

Seatac -Prothman Report – 2010

Supplemental Briefing on Constitutional Issues

Support of Motion for Partial Summary Judgment

K&S – Trial Brief 

Trial Exhibit 110 – 154th Redevelopment PP presentation

Trial Exhibit 111 – 176th Redevelopment Plan (Power Point Presentation)

City’s Press Release – Jan 2010 (original)

Revised Final Press Release (City Press Release rewritten by K&S to represent their view of the situation)

DEPOSITION of CRAIG WARD (former SeaTac City Manager)

DEPOSITION of STEPHEN BUTLER (former SeaTac Director of Planning)

DEPOSITION of TODD CUTTS-Dec 1 – 2013

19 COMMENTS

  1. This decision makes no difference, neither does the fraud ‘constitution’ nor any bogus ‘statutes’ or ‘voting’. What matters is knowing who the large core of control is, and knowing that all ‘government’ so-called ‘federal’ ‘state’ ‘city’ ‘law’ is fraud. Here is resource which facts are provable – “who controls america” – thezog.info – and not just ‘federal’ it is everywhere ‘federal’, ‘state’, ‘city’. As to ‘government’ and so-called ‘law’, the so-called ‘founders’ ‘founded’ nothing, ‘constitution’ ‘states’ all provable fraud – “No Treason: The Constitution of No Authority” Lysander Spooner 1871, an org site with his name has copy, ignore page notes such as ‘radical’ to dumb down the fact we are free, other sites have copy also. Natural law/nature, freeing yourself from robbery and threat isn’t ‘radical’ it is nature, also ignore sites ‘interpreting’ it or dumping bogus ‘libertarian’ label on him, get copy yourself, read it. ‘liberty’ ‘libertarian’ are memes to use a ‘less govt’ angle – to keep dupes under ‘less govt’ so they ‘less govt’ can still rob and threaten you with bogus ‘military’ and ‘police’. Spooner was a ‘constitutional attorney’ until heanalyzed the so-called ‘constitution’ -exposing it as the obvious fraud it is. All ‘law’ is based on contract. There is no other form of ‘law’. Any other claim of law is cons making up bogus papers to claim ‘law’ over dupes, ‘constitutions’ ‘magna carta’, ‘admiralty law’, all the same con. It is fact we have always have been free. We fail to make tribes, instead ‘following’ more ‘leaders’ for more bogus ‘government’, printing press ‘money’, bogus ‘law’, claiming you – ‘owe debt’, ‘fed’ ‘state’ city’, fraud ‘wars’ all of it fraud. They can control millions of dupes with their ‘govt’ cons – but they Can’t control a million tribes of ten or twenty people. Natural anarchism and tribes is nature. You’re free to make tribes and control your territory, yourself. The destruction of us continues because we ignore the obvious. I’m posting this on web but don’t do much web now because the most effective way to inform others is paper notes, then you know for sure people have the info. I put links on paper notes, a link for – ‘what in the world are they spraying’ youtube – a link for Spooner’s paper with notes as above – thezog.info and end with ‘you are free to stop them, to make tribes and have no government at all, copy, postal mail, tape to mailboxes, hand out to crowds -‘ I copy paste about four notes per page, print, cut up and pass on, then others can copy, pass on. Using notes to meet others, make tribes to hand out notes with, even a few people is strengthening, and don’t let any person infiltrate your clan to ‘control the opposition’, subvert you. Never mind ‘wa dc’, the infection is here, focus here, bogus ‘state’, bogus ‘cities’, lying ‘media’, ‘corporations’ swarming immigrants to dilute our individual power, our water, utilities stolen from us using bogus ‘laws’. You can copy this to re-read and make paper notes with, you cannot copy/use this information on the web, the point is to use paper notes to inform and meet real people. For any other purpose rights are reserved to me the author. This information wasn’t free, respect it, use paper notes to meet others. The answer isn’t to focus on one or another ‘story’, note how they claim ‘you pay’ – even if ‘insurance’ paid it is still you paying. The robbery and assaults on us are many, we are being sprayed, focus on self power, not more fraud ‘leaders’ or bogus ‘activist groups’, make your own tribe. Small tribes best, big groups is how they get control. Don’t let those who deny facts dim your focus. Pass out notes and you’ll find others like you. The web is a resource but no website or bogus ‘voting’ or ‘law’ is going to stop the assaults on us. The façade of ‘calm’ in this territory is false, it is constant robbery, bogus ‘debt’, mass immigration, threat from bogus ‘govt’ yelling ‘terrorist’ as they kill millions in fraud ‘wars’, then yell ‘take in refugees’ from their attacks. The answer was stop their fraud ‘wars’ for world takeover and stop immigration, All immigration should have been stopped ten years ago, instead they are swarming in millions more handing them jobs or ‘welfare’ while 100 million of those born here have no job, doing so to dilute our individual power, all this and we are being sprayed. Supposed ‘court decisions’ or ‘voting them out’ never changed anything, we are being robbed and sprayed. Natural anarchism, each person their own leader and making tribes is nature. Natural law is nature. It is fact you are free to stop robbery and threat and destruction and rule your territory yourself.

    • – I didn’t realize there was no paragraph break in my post above, you’re free to copy my post to re-read as said above, best copy and add a paragraph space for clearer reading. Adding note to my post above, on notes at ending I also usually add ‘I’m not an ‘activist’, no one is coming to ‘save’ you, then you’re free to stop them etc, otherwise dupes assume ‘someone else is handling it’ because someone gave them a note. On natural law you’re not going to find much of merit on the web for obvious reasons, nor should you need to search, it’s simple and as in my post and is in our gut. Natural law is nature.

  2. These people should lose their jobs, not be allowed to work in politics anymore, and should be responsible to pay the 18 million and change.

  3. This makes me smile, to think that justice is blind. yea well it’s about time that people in Govt. positions are held to obey the law or suffer the penalities.

    I’m so glad this was exposed for all to see just how corrupt our bodies of Govt. can be to the people they are suppose to serve.

    Shame on the city of Sea Tac.

    • The People of SeaTac need to go after the bonds of those who acted so improperly – with whatever angle of attach is necessary!

      Make sure they answer, or ensure they will never work in Public Service again.

  4. Your comment section does not disclose that you censor comments. My post has not appeared, so since you do censor comments, you should post that notice, otherwise without such notice it implies your comment section isn’t censored, when in fact it is.

      • Yes, you do. You posted my comment above, but not my original comment. That is because you censor comments, not just ‘spam’. It is not a magic ‘filter’, you control comments and/or any ‘filters’. Therefore as I said before you should post notice that you censor your comment section.

        • Incorrect. I had to search for this comment in the spam file. For some reason your comments look like spam to the spam filter. I find that annoying as I am sure you have brilliant comments to add to the article, and it always makes me wonder how many other legitimate comments are spammed out.

          • Not ‘incorrect’, otherwise you would have, when you posted my second or ‘searched’ my third comment supposedly from your ‘spam’ you would have also put through my first post, all of them made within three hours of one another. Instead you reply a third time while continuing to censor my first post. If that is not the case then put through my first post, or, as I am posting this, I am separately putting through another version of my original comment, again, and you can post it, now. If you do not, how about put notice above the comment section that comments Are censored.

            • I just found your “first post” and it was, once again, in the spam folder. I’m not sure the methods used to defined comments as spam vs. real comments, but I suspect you will get more mileage with your comments if you use a more concise focused approach, like this comment, although I also had to rescue this one from the spam file. All is not lost, however, and your comments have been saved for all to read…

              • The facts in my post are connected in focus, engaged with concision. The missing paragraph spacing aside, you are not used to reading combined substance as there is no such thing in zog ‘main stream media’ which is on purpose, it is always single subject ‘stories’ so that dupes stay confused by a million pieces of bs, and fail to see the large fraud behind it all. As ‘for all to read…’, a note on ‘anonymity’ as you focus that on one of your pages. I know and everyone should know there is no ‘anonymous’ and hasn’t been for years, beside the stealing of all phone, email and all other personal data for over twenty years, are the chemtrail nano chips we’ve been breathing, ‘Ipv6’ ‘internet of things’ and other weapon systems whereby it is total invasion of every privacy now including physically. Therefore much effort to be ‘anon’ is a waste, as is fear, which is self defeating. For centuries masses who chose fear and to ‘go along’ have been repeatedly killed off whether they ‘went along’ or not, in fact over one billion have been killed in false ‘war’, or by ‘government’, because dupes chose fear rather than making tribes and fighting for their lives.

                That is why many ‘govts’ and ‘media’ use ‘fear’, ‘red list’ type threats, ‘ndaa’, ‘laws’ etc, to prey on fear, so dupes self censor and do nothing, and by doing nothing they help set up their own culling. Some ignore it all, some don’t ignore but then fall for the ‘prepare’ psy ops, a favorite of the cabal because ‘preparing’ doesn’t stop anything, it’s fear. Having a week or two of food for basic purpose is one thing, ‘storing food’ while you’re being sprayed is brainless. Conquering is what stops threat.
                Fear is changed to power by informing others and making tribes, acting with others, even a few people handing out notes together, tribalism is mental testosterone, something men and women are missing because of decades of ‘help children’ ‘humanity’ femin snivel communism psy ops to destroy us, swallowed by too many along with estrogenic chemicals in food and water. Fear is death, mental power and natural anarchism, acting in tribes is life. Natural law is nature.

  5. Doesn’t the statute of limitations “clock” start with the discovery of fraud?

    When government(s) is/are involved, there should be NO statute of limitations, because government used the force (farce) of law.

    Seems like there is federal statute, which provides for relatively harsh penalties for violation of a citizen’s rights, under the color of law. That should extend to all governments subsidiary to the corporate “UNITED STATES”.

    • You are correct on the statute of limitations, but that doesn’t mean the city wouldn’t try every excuse, scam, and action to delay this legal case as long as possible.

      • Spokane Valley:

        The newly Conservative majority of the City Council had to fire the City Manager, because they cannot (by city charter) fire staff who are not performing and the City Manager would not make the corrections the Council requested.

        Now a Local Liberal Rag(s) and others keep beating on the City Council.

        I don’t know the details of staff issues, but if our City Council deems it necessary to protect the City from the kind of crap which can lead to actions leaving our city liable for $MILLIONS$, I want my City Council members to do what they must.

  6. FYI: Staff infection – staph: a pus formation, also a cluster of grapes. In this case rotten grapes.

Comments are closed.