2 2 B 2% 2s Hon, Andrea Darvas SUPERIOR COURT OF WASHINGTON FOR KING COUNTY JANE KOLER/LAND USE & PROPERTY NO, 19.2.09340-4 KNT LAW, PLLC, a Washington Professional Limited Liability Company, ANNE ANSWER TO PLAINTIFFS! BREMNER/FREY BUCK, PS, COMPLAINT AND ‘Washington Professional Service AFFIRMATIVE DEFENSES Corporation, and DANIEL ‘THERETO GLENNIGLENN & ASSOCIATES, a ‘Washington Professional Service Corporation, Plains, CITY OF BLACK DIAMOND, a Washington municipal corporation, and CAROL BENSON, a married woman, Defendants Defendants City of Black Diamond (‘the City") and Mayor Carol Benson “Mayor Benson”) (colletvely, “Defendants”) answer Plants’ Complaint as follows I. PARTIES AND JURISDICTION 1.1 Defendants admit that, at various times, attorney Jane Kole purported to provide legal advice and service to the City of certain members ofthe City Council but otherwise deny the allegations contained in paragraph 1.1 ofthe Complaint, Defendants ‘heen tm PN nce sxsw ro pasts compat AND cad Se ‘AFFIRMATIVE DEFENSES THERETO 12» 2 a 2s specifically deny that any contract with Jane Koler andlor Land Use & Property Law, PLLC, represents a binding contractual obligation of the City, 12 Defendants admit that, at various times, atorney Daniel Glenn purported to provide legal advice and services to the City or certain members of the City Council, but otherwise deny the allegations contained in paragraph 12 of the Complaint Defendants specifically deny that any contract with Daniel Glenn and/or Glenn & Associates, P.S., represents a binding contractual obligation ofthe City. 1.3. Defendants admit that attomey Anne Bremner purported to file a lawsuit on behalf of the Black Diamond City Couneil against Mayor Benson, but otherwise deny the allegations contained in paragraph 1.3 of the Complaint, Defendants specifically deny that such lawsuit was authorized by the City Council and further deny that any contract with Anne Bremner andlor Frey Buck, P.S., represents a binding contractual obligation of the City 14 Defendants admit that City Hall is located at 24301 Roberts Drive, Black Diamond, Washington 98010. Defendants further admit that the City is a noncharter ‘ode city, organized under Title 35A of the Revised Code of Washington. Defendants deny all other allegations in paragraph 1.4 of the Complaint. 1.5 Defendants admit that Defendant Carol Benson inthe current Mayor and ‘was the Mayor at the time that the alleged contracts were unlawfully signed by a single Councilmember. Defendants deny the remainder of the allegations contained in paragraph 1.5 of the Complaint. 1.6 Defendants admit the allegations contained in paragraph 1.6 of the Complaint. Keron Deena Lc RMON] fT Sores” PRENTOM ork WA voir 20 ‘aay oz 7090 ANSWER TO PLAINTIFES? COMPLAINT AND EB Bees AFFIRMATIVE DEFENSES THERETO 2I, FACTUAL ALLEGATIONS/BACKGROUND 2.1. Defendant incorporate ther answers fom above 2.2 Defendants admit thatthe City isa noncharter code city, organized under Title 35 of the Revised Code of Washington, Defendants deny the remaining allegations in paragraph 2.2 ofthe Complaint 23. Paragraph 23 of the Complaint contains legal conclusions to which no response is necessary. To the extent paragraph 2.3 of the Complaint contains facta allegations, they are denied 24 Paragraph 24 of the Complaint contains legal conclusions and characterizations of the Black Diamond Municipal Code ("BDMC"), to which no response is necessary. To the extent paragraph 24 of the Complaint contains factual 18 a response, Defendants deny the first clause of paragraph 2.4 allegations req Further, the second clause of paragraph 2.4 is denied as an incomplete, and therefore inaccurate, description ofthe BDMC’s delegation of purchasing authority 25 Paragraph 2.5 contains legal conclusions and characterizations of Washington law, to which no response is necessary. RCW 35A.12.100 speaks for itself. ‘To the extent paragraph 2.5 contains factual allegations, they are denied. 2.6 The first clause of paragraph 2.6 of the Complaint contains legal conclusions and characteriztions of Washington law to which no response is necessary Defendants admit that CCD Black Diamond Partners LLC (“Oakpointe”) is a developer that is currently developing residential and commercial property in the City. The remaining allegations of paragraph 2.6 ofthe Complaint are denied. ‘Tha Map! Law Berm Trae Saeco ‘zat WA Sau? 8n0 ANSWER TO PLAINTIFFS” COMPLAINT AND EQ een ‘AFFIRMATIVE DEFENSES THERETO 3