Burien officials applauded a favorable decision by the Washington Supreme Court last week that clears the way for development of the city's planned Town Square.

The high court decided not to hear a case challenging the city's condemnation of the land and building, occupied by Meal Makers restaurant, so a street can be built there as part of the downtown project.

Meal Makers' owner Kevin Fitz announced last week he will close his eatery on Friday, Dec. 15.

The court's decision not to hear the case upholds lower court rulings against a challenge by Strobel Family Investments, which owns the land and building, against the city's action.

Burien officials now can negotiate a deal to purchase the final parcel on the location of the future Town Square.

"With this decision, the path is open to negotiate a settlement [with the Strobel sisters] that is fair to everyone and keeps Town Square construction on schedule," said Burien Assistant City Manager David Cline.

"The excitement is really building about this project and the vitality and economic opportunity it will bring to Burien."

The City has already reached purchase agreements with all other landowners on the Town Square site.

This public-private partnership with Urban Partners is expected to create 200 new family-wage jobs in Town Square's new shops and restaurants, Cline added.

But attorneys for the Strobel sisters, reacting to the Supreme Court's decision, called the city's conduct "a case study in bureaucratic oppression and mistreatment."

Michael Bindas, staff attorney for the Institute for Justice Washington Chapter, said, "What Burien did was an egregious abuse of the eminent domain power.

"The city did not think the Strobel family's property was upscale enough for its new development, so Burien's bureaucrats made 'damn sure' to eliminate it through condemnation."

Bindas repeated his claim that to eliminate the restaurant, the city devised a scheme to run a street directly through the building.

Again he alleged that former City Manager Gary Long informed his staff two years ago to "make damn sure" the street went through the building, and the staff complied.

The city then condemned the Strobel property, and the family challenged that action in King County Superior Court, arguing that a condemnation does comply with Washington law unless the property being condemned is necessary for a public use.

A superior court judge acknowledged that the sisters' property was not necessary for Town Square development, suggesting the city's condemnation might be "oppressive" and an "abuse of power."

Nevertheless, the judge concluded he must allow the condemnation given the deferential standard Washington courts apply in reviewing government "necessity" determinations.

Bindas called on the Legislature to reform Washington's eminent domain laws in the wake of the Strobel case.