After approximately three hours of deliberations on a lawsuit filed four-and-a-half years ago, Skagit County Superior Court Judge Susan Cook Friday affirmed the zoning that allowed the construction of Miriam’s Espresso on South Main Street in Coupeville.

The building, owned by Frank Meyer, is built in front of Big Rock, one of the largest glacial erratics in the Pacific Northwest.

Even though Miriam’s has operated out of the new building for seven months, local community watchdog group Oh Oh, Inc. went through with the lawsuit. The group alleged the town’s rezone of the property violated its own comprehensive plan. The group also alleged an appearance of fairness violation with the proceedings because Coupeville attorney Dale Roundy served as Meyer’s lawyer while also serving as the town’s attorney.

Judge Cook didn’t buy either argument.

“This is not even a close call,” Cook said in front of a crowd of approximately 30 people at a Mount Vernon courtroom. “This comprehensive plan clearly allows for a rezone to a commercial use.”

As for Roundy’s relationship with Meyer, Cook said Roundy should have disclosed the working relationship to town officials, but that doesn’t amount to an appearance of fairness issue and that he didn’t have influence on the decision makers in the rezone, which is the Coupeville Town Council.

Mayor Nancy Conard was glad Judge Cook reinforced what town officials have said for years.

“It’s exactly what I’ve been saying since the public hearing,” Conard said.

She said she regretted the town had to spend a lot of time and money on what she called a frivolous lawsuit.

She agreed with Cook about Roundy. He tells staff whenever a conflict of interest arises. When that happens, Roundy excuses himself and the town uses another lawyer.

Oh Oh, Inc., represented by Mickey Gendler, a Seattle attorney, argued that the commercially zoned property wasn’t allowed under the language in the comprehensive plan. He said the comprehensive plan called for the area on the west side of South Main Street to be a mix of commercial and residential development. That should be applied to each lot.

“This plan identifies two types of uses and this is neither one of them,” Gendler said.

He wanted the judge to vacate the rezoning and have it revert to its original residential zoning or to have it zoned as a mixed use, which would allow the building to be used for commercial and residential purposes.

Mike Walter, a Seattle attorney representing Coupeville, said the language in the comprehensive plan should apply to all five properties included in the zoning area.

“They are ignoring the word ‘area’,” Walter said, adding that if some of the properties are zoned commercial while others are zoned residential, then it meets comp plan requirements.

Gendler argued the town wasn’t open in the process of coming up with the rezone because of Roundy’s relationship with Meyer.

“That’s inherently a matter of public importance,” Gendler said.

He said he discovered through depositions that Meyer has been a client of Roundy’s since 1992 while the town has been a client of Roundy’s since 1994.

Roundy was asked to review the rezone for consistency with other ordinances and related documents, Gendler said.

Walter said, at worst, Roundy’s action was a harmless error.

He added Roundy’s work on the rezone didn’t have any effect on the final approval.

Roundy advised Mayor Nancy Conard and former planner Larry Cort. Even then, Roundy was asked to review documents for consistency and not asked to provide a legal opinion, Walter said.

He also pointed out the Coupeville Town Council unanimously approved the rezone by a 4-0 vote.

Gendler contended Roundy’s failure to disclose the working relationship with Meyer misled Conard which then affected the council.

He likened the situation to smoke-filled back rooms where decisions are made behind closed doors and out of the public eye.

In the end, Cook dismissed Gendler’s arguments.

She said the comprehensive plan currently doesn’t allow for mixed-use buildings in the area.

After the hearing Gendler said he didn’t know whether Oh Oh would appeal the ruling. He felt his side made one significant point. By saying Roundy should have disclosed his work for Meyer, Judge Cook validated his concerns and her opinion should serve as a warning for other government attorneys in similar situations.