Showbox protection voided; judge says city violated due process

UPDATE, 11:34 A.M.: King County Judge Patrick Oishi rules against the Seattle City Council's temporary protection for Showbox Theatre.

Oishi called it an "illegal spot rezone" and says city violated due process.

Oishi told the court that the ordinance providing temporary protection for the Showbox is "hereby void."

ORIGINAL TEXT: The fight over the Showbox concert venue near the Pike Place Market was in King County Superior Court Friday morning where property owners said they were being illegally singled out – and that Showbox is getting special treatment.

Property owners of the Showbox, at 1426 First Avenue, note that the Seattle City Council has zoned the property for redevelopment multiple times, most recently in 2017 – and rezoned the property in 2018 without expert analysis or a public process that’s typical of a zoning decision. That’s illegal, the property owners said.

They also note that the Pike Place Market Historical District, created by a public vote in 1971, has never included 1426 First Avenue in its preservation boundaries, despite multiple revisions to those boundaries since its creation.

Earlier this month, the Landmarks Preservation Board unanimously agreed to move forward and get the Showbox Theater designated as an official city landmark.

But as shown in previous examples, such as the Ballard Denny’s in 2008, it still can be demolished after getting landmark status.

The vote on June 9 came with a standing ovation and cheers and whistles from supporters who have been fighting to prevent the Showbox’s property owner from tearing it down to make way for an apartment building.

The 44-story residential tower matches the zoning set by the city council.

The building was constructed in 1916 and first used as a market. It was renovated in 1939 and became the Showbox. The building has changed uses nine times, and in 2007 the city’s historic preservation officer said the building has been so altered that it would not qualify as a Seattle landmark.

"Landmarking alone won't save the Showbox, we need to find a preservation-minded buyer," Historic Seattle’s Eugenia Woo said.

The property owners have said they would consider any fair-market value offers.

After the city temporarily extended the Pike Place Historic District to include the Showbox, the property owner sued, claiming $40 million in damages. That case could go to trial later this year.

Previous coverage of the Showbox is below.

Developers file plans to build 44-story tower on Showbox site - July 25, 2018

Grassroots effort to save Showbox Theater grows, seeks landmark status - July 30, 2018

Sawant and Historic Seattle lay out plans to try to save the Showbox - August 1, 2018

Effort to save Showbox gains momentum - August 9, 2018

Seattle council votes on plan to preserve the Showbox - August 13, 2018

Developer may abandon Showbox redevelopment - August 14, 2018

Owner of Showbox suing City of Seattle in response to efforts to save music venue - September 7, 2018

Report: Seattle officials, Showbox owner close to agreement on legal extension - April 30, 2018

KIRO 7 reporters Graham Johnson and Essex Porter contributed to this report.

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