Push to abate Bellingham encampment grows as apartment owners intervene in city’s lawsuit

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Whatcom County Superior Court is allowing the owners of an apartment complex next to the encampment behind the Bellingham Walmart to intervene in a lawsuit filed by the city of Bellingham against the property owner of the land where dozens of unhoused people have been living for years.

“As an adjacent property owner, 52nd & Brooklyn seeks to intervene in the Lawsuit to preserve its right to protect its interests in the Lawsuit,” the motion to intervene states. “As a direct result of the public nuisance, many residents have moved away from 52nd & Brooklyn’s property, which has caused economic harm to 52nd & Brooklyn. As such, 52nd & Brooklyn retains an interest in the swift disposition of this litigation.”

The owners of the Tullwood Apartments, 52nd & Brooklyn LLC, were granted permission by the court on June 14 to intervene in the city’s lawsuit against the encampment property’s owner, Li-Ching Fang, in support of the city’s efforts to abate the encampment.

The move allows the apartment owners to join the suit as a third party, siding with the city but reserving the right to pursue their own litigation in the future.

The Tullwood Apartments consist of 97 residential units in north Bellingham adjacent to the encampment. Many of its residents have publicly expressed fears for their safety.

“For the better part of one year, residents of the Tullwood Apartments have lived next to a mounting health and safety crisis,” the motion states. “Occupants of the Walmart Encampment have engaged in illegal and dangerous activities, including shooting guns, distributing and using illegal drugs such as fentanyl, lighting unauthorized fires, and threatening nearby residents. Smoke, trash, and other offensive odors from such illegal activities has invaded the Tullwood Apartments, and an adjacent protected wetland area, causing several tenants to find alternative housing out of fear for their health and safety.”

In its motion, 52nd & Brooklyn claims it is intervening to protect the safety of its residents and protect its economic interests of maintaining full occupancy of its apartments.

“In the last 12 months, at least six tenants have disclosed that they have chose to leave the Tullwood Apartments out of fear concerning their health and safety and the presence of unhoused persons in the area. Overall occupancy in the Tullwood Apartments is down 6% from this time last year,” said Kimberly Huizenga, director of Landmark Real Estate Property Management, in a declaration in support of the motion.

Landmark acts as the property manager for the Tullwood Apartments.

“On information and belief, residents of the Tullwood Apartments and patrons of the surrounding areas are fearful for their lives when traversing properties adjacent to the Walmart Encampment. Many residents of the Tullwood Apartments remain indoors to avoid the occupants of the Walmart Encampment and cannot freely enjoy the use of their homes,” the motion states.

The motion by 52nd & Brooklyn states that the city has not provided a date for when the cleanup of the encampment would occur and urges the city to move quickly stating that “such relief must be obtained in a timely manner.”

The motion claims that 52nd & Brooklyn attempted to contact Fang and other adjacent property owners for several months “in an effort to clean up the properties that had been harmed by the Walmart Encampment.”

The group informed Fang and the other property owners that “if they did not agree to assist its efforts, then it would file a lawsuit, abate the nuisance, and seek reimbursement of costs associated with such abatement.”

“Fang has allowed and continues to allow the individuals in the Walmart Encampment to engage in various illegal and dangerous activities and construct and maintain makeshift wooden and/or tarp residences, from which offensive fumes and smells, such as drug fumes and human feces, emanate. Fang’s failure to abate the nuisance have endangered the health of residents and patrons of the neighboring properties,” the motion states.

The original lawsuit, filed by the city of Bellingham against Fang in February of this year, alleges that unhoused individuals are trespassing on the property and the encampment is causing a public nuisance, which violates the Bellingham Municipal Code and state law.

The city is seeking a warrant of abatement and claims in its lawsuit that Fang had “taken no steps to abate the nuisance” since city officials began taking steps to declare the property a public nuisance in November 2022 by attempting to contact her and requiring her to abate the encampment.

Fang filed documents in March pushing back against the lawsuit, denying the city’s claim that she had taken no abatement steps.