A King County Superior Court judge this week denied the City of Burien’s motion to dismiss a lawsuit filed by Charles John Schaefer (no relation to South King Media Founder/Publisher Scott Schaefer), who alleges the city violated Washington’s Public Records Act.

The ruling, issued on Tuesday, Jan. 14, 2025 by Judge Maureen McKee, allows the case to proceed.

Schaefer’s original lawsuit accused the city of violating Washington’s Public Records Act (PRA) by withholding key documents related to the 2023 evaluation of City Manager Adolfo Bailon.

The court ruled that Schaefer’s complaint, filed on Nov. 4, 2024, was submitted on time. Under Washington law, plaintiffs have one year to file public records lawsuits after receiving a final response to their request. Since the one-year deadline fell on a Saturday, Schaefer’s filing on the following Monday complied with the law, the court said.

The city also sought dismissal on the grounds of improper service, arguing it was not properly notified as required by state law. However, the court ruled that Schaefer has 90 days from the filing date to serve the city and dismissed the motion without prejudice.

The city’s third argument, that the complaint failed to state a claim upon which relief could be granted, was also rejected. Judge McKee ruled the city did not meet the burden of proof required to dismiss the case under Civil Rule 12(b)(6), which requires showing the plaintiff has no valid legal claim.

Schaefer alleges the city violated the Public Records Act by improperly handling his request for records, the details of which were not outlined in the court’s order.

The court’s decision keeps the case alive, requiring the City of Burien to defend its actions in future proceedings.

We reached out to the City of Burien for comment, but they declined

Download the Motion to Dismiss here, and read our previous coverage of Schaefer’s lawsuit here.

Since 2007, The B-Town Blog is Burien’s multiple award-winning hyperlocal news/events website dedicated to independent journalism.

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5 Comments

  1. I wish Chucky Schaefer would realize there’s more to life than constantly complaining, why not do something that contributes to society instead of self centered actions.

  2. I was living in burien long story short someone told the police bad my vehicle had been on the street for many months and the option took his word for it and told my vehicles although they have been moved within 24 hours to the location also I was living at the residence where they sit beside what can I do as one of the vehicles that was taken from me was the item has down for my father who passed away and the person who called them may or may not be part of the HOA at the burial townhouses

  3. Louis G I love reading your comments on this website. You seem to be on the opposite side of the West Coast insanity and it is refreshing. If you chose, there are many other saner States that would love to have a guy like you live there.

    1. Gee thanks, I have life-long ties to Burien and have watched the entire area change and not always for the better. *Disclaimer I’m no conservative, I just don’t care for Leftists, Liberals, Progressives or stinky hippies, nor do I except the nonsense they spout. I’m not going anywhere just because of the people there, I would go for the food, drink and weather.

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