A federal judge awarded attorneys’ fees to the City of Burien on March 13, 2025, after ruling that King County improperly moved a lawsuit to federal court regarding enforcement of a city ordinance.
This award is related to a previous lawsuit regarding the non-enforcement of Burien’s “unlawful public camping” Ordinance 832 by the King County Sheriff’s Office.
U.S. District Judge Richard A. Jones said King County “lacked an objectively reasonable basis for seeking removal,” as the dispute involved solely state-law claims over enforcement responsibilities outlined in an Interlocal Agreement (ILA) between the city and county for its police services.
On Mar. 27, 2024, Burien counter-sued King County Sheriff Patricia Cole-Tindall and King County, alleging breach of the ILA due to non-enforcement of Ordinance 832. King County removed the case to federal court, arguing the constitutionality of the ordinance raised a federal question.
However, Judge Jones ruled that the case was purely contractual and did not warrant federal jurisdiction.
“Removal is not objectively unreasonable solely because the removing party’s arguments lack merit, or else [attorneys’] fees would always be awarded whenever remand is granted,” Judge Jones wrote. “However, it is unreasonable to argue a breach of contract claim is artfully pled to avoid asserting a federal question, when there is nothing in the Complaint or record to suggest that is true.”
The judge noted established legal precedent that federal defenses, like constitutional challenges, cannot provide grounds for removal to federal court.
City Must Submit Attorneys Fees & Costs
Burien must submit detailed attorneys’ fees and costs within seven days.
The parties have been directed to seek any further relief through Washington state courts.
Download the Federal Court Ruling here.
This ruling has again shown how much the KC Sheriff has overstepped her authority and made decisions on the pretense she has the law on her side. Even though she had Dow’s blessing I doubt he will give her the boot as it will bring more warranted attention but I’m sure the next County Executive will send her packing as she’s an expensive liability.
Outstanding. King County bullies suck.