GARDINER – Kitsap County Superior Court Judge Jay B. Roof has let stand his Nov. 1 decision that Security Services Northwest can conduct business as a security guard service but not as the Fort Discovery Training Center.
Roof denied a motion by Joe D’Amico, president of Security Services, and his attorneys to reconsider and clarify his original decision.
The denial was released Tuesday.
D’Amico said he made the motion for reconsideration because Roof’s original decision said the business was grandfathered as of Jan. 6, 1992, but cited a code requiring building permits that was not effective until 2001.
D’Amico and his attorneys thought that could mean the business didn’t need permits to expand the business beyond what existed in 1992.
In 1992, D’Amico ran a security car service and armored car business.
Since then, he has expanded into the Fort Discovery Training Center, a shooting range and third-party training center, on 3,700 acres that he leases from the Gunstone family.
D’Amico’s motion to reconsider was an attempt to get Roof to clarify what he meant, and possibly decide that the business was a legal nonconforming business as of 2001, he said.
Roof denied that request, and now Jefferson County Hearings Examiner Irv Berteig will decide what the scope and nature of Security Services was in 1992.
He is expected to make a determination sometime in January.
Roof’s November decision stated that the Gardiner-based security company was a legal nonconforming use prior to 1992 and should be allowed to conduct the same business today as it was then.
He also remanded the case back to the Jefferson County hearing examiner for further proceedings consistent with his opinion “solely to determine the scope and nature of SSNW’s nonconforming use” since 1992.
“He’s just affirming the decision he made a month ago largely in favor of the county,” said Mark Johnsen, Jefferson County’s contracted attorney, on Wednesday.
“Security Services was asking him to open up new hearings, and we believe he was correct to deny that.”