On June 15, a group of maritime and industrial trade associations and businesses filed a lawsuit in King County Superior Court challenging the city’s State Environmental Protection Act review to complete the Missing Link of the Burke-Gilman Trail from 11th Avenue Northwest to the Ballard Locks.

The plaintiffs, called the Ballard Business Appellants, are asking the city to conduct the same level of environmental review required of any private applicant, which they don't believe happened.

“The city’s decision is just another example of the Seattle Department of Transportation not treating people equally” said Eugene Wasserman, president of the North Seattle Industrial Association, one of the trade groups comprising the Ballard Business Appellants.

The appellants said they believe the city must conduct the same level of environmental review and analysis it would require of any industrial business, including thoughtfully and thoroughly reviewing and analyzing the safety and land-use impacts from this project.

The Seattle Department of Transportation is working with its legal department on anything that needs to be done for the suit, department spokesperson Mary Beth Turner said.

The department had no other comment at this time other than that it hasn't looked into the lawsuit in any detail yet, Turner said.

The lawsuit asks the King County Superior Court to order the city to prepare an environmental impact statement for the trail.

The Ballard Business Appellants are asking the city to review and evaluate the environmental impacts of completing the trail, including safety, traffic and compatibility with existing industrial uses.

“We are not anti-trail," Wasserman said. "We just want SDOT to treat everyone fairly and equally and not give itself preferential treatment by failing to follow the law.”

David Hiller, advocacy director for the Cascade Bicycle Club, said the club, which was allowed to intervene in the earlier appeal on behalf of the city, is shocked and disappointed by the lawsuit.

The hearing examiner was clear that the appeal against the trail was baseless and dismissed it point by point, Hiller said. Further delays on completing the Missing Link only serve to make the area less safe for those who work and commute there, he said.

"This foot-dragging has gone on for two decades," Hiller said. "If (the businesses and industries) could ban puppies and rainbows they would, because that's the kind of people they are."

On June 9, Sue Tanner, hearing examiner for the City of Seattle, upheld the Seattle Department of Transportation's determination of non-significance on the environmental impacts of completing the trail.

This ruling shot down an appeal filed Dec. 17 by Salmon Bay Sand and Gravel, the Ballard Chamber of Commerce, Ballard Oil, The Ballard Interbay Northend Manufacturing and Industrial Center, the North Seattle Industrial Coalition and the Seattle Marine Business Coalition.

The Missing Link is planned to run along Shilshole Avenue, Ballard Avenue and possibly Market Street.