PORT TOWNSEND — A merchant has filed a lawsuit against the city of Port Townsend, stating that it broke its promises about future development plans and that a planned roundabout will cut off access to his store.
Ken and Jane Kelly, owners of Vintage Hardware on Sims Way, are seeking unspecified damages tied to a loss of business and an expected devaluation of property once the roundabout on the corner of Sims Way and Thomas Street is constructed.
Ken Kelly filed the lawsuit March 25 in Jefferson County Superior Court, asking for damages commensurate with his projected loss of revenue caused by the roundabout.
He has asked the court to set that amount.
“I just want to be able to stay in business,” Kelly said Wednesday.
“We invested in this location, and were told by the city that it would not restrict our access, but the city went back on its word.”
City cooperation
Port Townsend City Attorney John Watts said that the city has tried to work with the Kellys.
“We have offered several alternatives that Mr. Kelly has not accepted,” Watts said.
“We offered to install additional signage, so people would know the business was there, but he has declined these options.
“There is no basis for his contention that the roundabout will hurt his business,” Watts said.
Wall, parking spaces
Kelly said that construction would place a wall across the front of his business and block direct access from Thomas Street, where the roundabout also will eliminate parking spaces while making it hard for impulse travelers to stop.
Kelly has developed two alternate plans that he wants the city to consider.
One plan cuts a narrow access into the roundabout to accommodate Fifth Street, which runs along the front of the store parallel to Sims Way.
The second alternative cuts an inbound access for the business immediately west of the roundabout.
Kelly said he has been told by the city that the second option will not work because the cut pavement is too close to the roundabout.
“That’s not true,” he said. “The break is the same distance than what they have already planned to accommodate Habitat for Humanity and Holly’s Flowers.”
Kelly said if the city implemented either alternate plan he would drop the lawsuit.
This isn’t likely, Watts said.
“We are not infringing on his property,” he said. “We are changing the use of a city-owned right of way, which we always had the right to do.
“Mr. Kelly turned Fifth Street into a through street on his own initiative,” Watts said.
“As this is city property, we have the right to relocate improvements.
“If we want to change the location of a fire hydrant, we have that right,” he said.
Kelly also objects to the proposed construction of a light post, which is to be located directly in front of his showroom.
Kelly moved his hardware business from the San Francisco Bay area in 2004, consolidating it from several locations.
Traffic signal
At that time, he expected the city to install a traffic signal at the corner of McPherson Street and Sims Way, and placed $15,000 in trust for that purpose.
“That was my share of what it would take to put in a signal,” Kelly said. “Now the money is just sitting there in Kitsap Bank drawing interest.”
Watts said the money was collected for general intersection improvements and not specifically for a traffic signal.
“We are building a project that is consistent with sound engineering that is situated on our own right of way,” Watts said. “We haven’t done anything wrong.”
“If this goes through I’m going to be stuck,” Kelly said.
“And if I am stuck with a dead-end business, I need to be compensated.”
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Jefferson County reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.