Judge Dismisses Higginson Lawsuit Against Town

On Tuesday May 21st, 2019 a San Juan County visiting judge dismissed all causes of action against the Town of Friday Harbor and Duncan Wilson, the Town’s Administrator, brought by local attorney Carla Higginson on her own behalf and as attorney for A. John Wuebker.

The Judge left the case open for thirty days allowing the Town and Wilson to submit motions and briefing for attorney fees.

Judge Cindy Larsen of the Snohomish County Superior Court was assigned this case as a visiting judge. Higginson’s complaint stemmed from the Town’s Tucker Avenue Reconstruction Project. Higginson claimed that the Town was building sidewalks and other improvements on land she owned by adverse possession.

Higginson’s Temporary Restraining Order, acquired at the time of filing the Complaint, was later set aside by Judge Larsen. Larsen ordered damages in favor of the Town for construction delays in the amount of $28,151. Ms. Higginson has since appealed that order to the Court of Appeals where it remains pending.

Judge Larsen’s order dismissing the suit altogether was the result of a motion for summary judgment filed by the Town and Wilson, who claimed there was no genuine issue of material fact to go before a jury. “We are very glad to have this matter behind us” said Mayor Farhad Ghatan. “We never believed there was any validity to the claims being made by Plaintiffs”. The Town was represented by attorneys Eileen Keiffer of Issaquah and Amanda Butler of Seattle. A copy of the Judge’s Order is available here. (PDF)

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