Citizen group files motion to void Hawkins agreement

Pullman attorney Tim Esser filed a motion in Whitman County Superior Court asking the court to rule that the agreements between the county and Hawkins Company, LLC, of Boise, is void because Hawkins is not a registered contractor with the state.

Esser, who represents the citizen group Organization to Void Illegal Conduct, contends in the motion that the county may not contract with an unregistered contractor, and names both the county and Hawkins in the motion.

The court date for the summary judgment is set for Feb. 21 at 1:30 p.m.

Whitman County Prosecutor Denis Tracy said he can’t comment because it is ongoing litigation.

Hawkins said in an agreement with the county that it would build and develop a shopping center on 115 acres of land along the Moscow-Pullman Highway near the intersection of Airport Road. The 714,000-square-foot shopping center site development agreement calls for Hawkins to build the infrastructure, including roads and utilities, with the ownership of that infrastructure to be transferred to the county when it is complete. The county agreed to reimburse Hawkins for construction costs associated with the infrastructure.

A year ago, the Hawkins company said it has a firm commitment from Lowes Home Improvement store, or a suitable replacement, and one other big box store to occupy a building no smaller than 100,000 square feet.

The county initially agreed to pay Hawkins $9.1 million to reimburse infrastructure construction costs, but a year ago amended the agreement to increase that amount to $15 million. County commissioners voted two-to-one to increase the agreement.

Michael Largent was the lone commissioner to vote against the agreement. Former commissioners Greg Partch and Pat O’Neill voted for the agreement and blame their decisions for losing their bids for re-election.

Esser also is asking the court for Hawkins to pay the attorney fees that the OVIC group has accrued.

If the judge rules in favor of OVIC, the agreements between the county and Hawkins would be null and void.