By Pat Jenkins The Dispatch The Eatonville Town Council's approval of plans for a housing project near Swanson Field is being challenged in court by a pilot who lives near the air strip and wants to preserve land near it for aviation-related development. In a lawsuit he filed April 10 in Pierce County Superior Court, Steve Van Cleve alleges town officials took improper steps in authorizing Aviator Heights and asks the court to reverse the council's decision. The council voted in March to allow Aviator Heights' developer, Dan Simon, to move forward with the project. It's now on hold until the lawsuit is resolved. A judge could dismiss the case or schedule it for trial. Aviator Heights, currently proposed for 21 single-family homes, has been on the drawing board in one form or another since 2007, when its original developer proposed a residential airpark in which private pilots would be able to keep their airplanes at or near homes that would be built at Swanson Field.. Van Cleve says in his lawsuit that he fought successfully to have an airpark in the plans instead of "regular" residential housing because it would be more compatible to the long-term future of the air strip. He contends that Aviation Heights, as it's being proposed now, brings back what he calls the incompatible development he fought eight years ago and "will degrade the functionality of the aiport and adversely mpact pilots' enjoyment, experience, safety and ability to operate from the airport." Van Cleve also claims the council erred in changing the Aviation Heights plat that was approved in 2007 because it expired in 2012 and the council didn't take proper steps in addressing and changing land-uses. Town officials, without commenting directly on the lawsuit, have said the council's actions were appropriate. As of last Wednesday, the town was still in the process of formally filing a response to the lawsuit with the court. Development of Aviator Heights had been abandoned until Simon began seeking the council's approval in 2013 for a project that initially called for 23 single-family homes. The number was reduced to 21 because of aviation safeety-related concerns raised by the Federal Aviation Administration. In addition, two homes will be restricted to a single story as currently planned. Two organizations supporting aviation interests have weighed in against the project. The Aircraft Owners and Pilots Association (AOPA) and the Washington Airport Management Association have told town officials that the project isn't compatible with Swanson Field from land-use and potential safety aspects. Van Cleve volunteers with AOPA as a monitor of Swanson Field. He also is a former Town Council member. An attorney from Olympia, Gerald Steel, is representing Van Cleve in the lawsuit.
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