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Couple sue

Harstine Island HOA over wheelchair modifications

A Grays Harbor County couple is suing the Harstene Pointe Maintenance Association for improperly denying them a building permit that includes Americans with Disabilities Act modifications, according to a complaint filed in Mason County Superior Court April 9.

Daniel and Jolene Tupper want to add wheelchair access features to their home on Harstine Island that’s subject to the nonprofit homeowners association covenants, conditions and restrictions (CC&Rs).

The Tuppers submitted their plan to Harstene Pointe’s permit review committee in 2023, according to the complaint.

“Plaintiffs requested a modification to the building permit to allow for the installation of a garage apron extension of 7 feet and a concrete walkway around the perimeter of the house built on the property to allow Americans with Disabilities Act access to all parts of the home,” the complaint states.

Harstene Pointe’s CC&Rs say “no building structure is permitted in the 5-foot setback” including paths and walls, except “access for ADA requirements,” according to the complaint.

The couple say their ADA request was “flatly rejected” by Harstene Pointe.

“Your plan requests concrete walkway around the parameter of the whole house. In some areas it extends into the 5’ setback. Based on [covenants] and R&Rs we will not recommend the extension of concrete into the 5’ setback area as proposed,” Harstene Pointe’s response states.

The Tuppers “have guests who are persons with a handicap” and want their guests to have access to all of the house, according to the complaint.

The couple is suing for violations of the Federal Fair Housing Amendments Act and Washington Law Against Discrimination and breach of contract.

They want a permanent injunction that immediately allows the construction and also seek special and general compensatory damages and punitive damages.

Harstene Pointe declined to comment through its attorney, Mary Reiten, with Peryea Silver Taylor in Seattle.

Casino shooting suspect could be charged as adult

Three suspects in a shooting at the Little Creek Casino Resort on April 3 that injured two men have been charged with attempted murder.

Mason County Prosecuting Attorney Michael Dorcy requested the 17-year-old suspect be charged as an adult.

A Mason County judge has not ruled on the adult charges as of the Journal’s press time.

Roberto Evans, 22, Austin McCord, 19, and the 17-year-old had initial appearances April 4 before Mason County Superior Court Commissioner Robert Sauerlender.

Sauerlender found probable cause for one county of first-degree attempted murder, one county of drive-by shooting and three counts of first-degree assault for all the suspects and an additional count of unlawful possession of a firearm for the 17-year-old and Evans.

Dorcy had asked for the suspects to all be charged with three counts of first-degree attempted murder.

All three are in custody. Evan’s bail is $1 million and McCord and the 17-year-old have a $750,000 set bail.

Teenager killed in Johns Prairie Road crash

A 16-year-old died in a car accident on E Johns Prairie Road on Saturday.

Mason County Coroner Jamie Taylor identified the teenager as Shelton resident Nolasco Gaspar Gaspar.

The accident happened at the top of the hill on E Johns Prarie Road before the street intersects with state Route 3 and traffic was diverted at Johns Prairie and on to Capitol Hill Road and blocked at Johns Prairie at Route 3 during the investigation, according to the Mason County Sheriff’s Office.

New North Mason Sheriff’s precinct office hours

Starting May 1, the Mason County Sheriff’s North Precinct business hours will be weekdays from 10 a.m. to 2 p.m.

The precinct is at 460 NE Old Belfair Highway.

 

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