BELLINGHAM, WA (MyBellinghamNow.com) – A Blaine resident filed a lawsuit against the city in Whatcom Superior Court on August 8, alleging that it violated the state Public Records Act.

The resident requests to be called by an alias, “Otto Pointer,” out of fear of retaliation. His real name appears in public court documents, but he is in the process of requesting its removal.

Pointer is a representative of the environmental group Blaine Water Coalition (BWC), which claims that Blaine failed to properly respond to the coalition’s request for all city correspondence related to the Avista at Birch Bay development.

Avista at Birch Bay is a proposed residential subdivision development in Blaine, which will have up to 490 units and use both public and private utilities.

BWC is involved in a SEPA dispute with the city over the project and its potential environmental impacts. The group said that the records are necessary for their appeal to the city’s Mitigated Determination of Nonsignificance (MDNS), which was filed on July 9.

The complaint said that the city failed to respond to BWC’s records request within five business days of receipt and denied the group access to inspect the physical records at the site where they are stored, instead offering online access and in-person access at a centralized location.

The complaint additionally alleges a failure to include records from a separate but “contiguous” project called Inverness, which the BWC believes is relevant to the request because the two projects share overlapping infrastructure, environmental impacts, and are evaluated by the same consultants and legal counsel.

Hearing Examiner Phil Olbrechts rejected cumulative review for Inverness because of a lack of a timely SEPA appeal — Pointer said the city was intentionally obstructing the process to suppress public participation.

The 112-page complaint seeks injunctive relief, daily penalties of up to $100 per day, attorney fees and systemic reforms to prevent future PRA violations.

In an email to over 20 government officials, Blaine City Manager Michael Harmon claimed the group’s requests were misinformation and would cost taxpayers hundreds of thousands of dollars.

Pointer says that this figure isn’t accurate, and that the cities’ cost claims factor in routine salaries with legal expenses. He said the BWC tried to structure their requests as online or on-site to minimize expense.

“This case is not about dollars — it is about accountability,” Pointer wrote in an email to My Bellingham Now.

The group was formed in 2023 in response to a development approved by the city, which it believed would be harmful to the environment.

It has since made a number of allegations against the city of Blaine and members of its staff, including criminal conduct and ethical violations.

The city of Blaine declined to comment, stating that it does not respond to pending or active litigation.