Mukai activists win in court, secure historic farmhouse

The local activists seeking to take possession of the Mukai Farm and Garden won in court earlier this month, when a judge ruled that they legally control the historic property.

The local activists seeking to take possession of the Mukai Farm and Garden won in court earlier this month, when a judge ruled that they legally control the historic property.

“That’s the phrase we’ve been waiting for,” said Helen Meeker, a Friends of Mukai board member who said she was “euphoric” when she learned of the decision.

King County Superior Court Judge Monica Benton ruled on April 2 that the group of islanders did legally orchestrate their 2012 takeover of Island Landmarks, the nonprofit that owns the Mukai property.

The decision ends a two-year legal battle and leaves former Island Landmarks president and Texas resident Mary Matthews — who has been highly criticized during her time at the helm of the nonprofit — no longer affiliated with the organization or the property.

“It’s a big win,” said Friends of Mukai President Lynn Greiner, who is also an attorney for the group.

Glenda Pearson, another board member, was pleased as well but struck a more cautious tone, as it is possible Matthews and other former board members named in the lawsuit could appeal the decision.

“We’ve been kind of battered for years,” Pearson said. “I’m almost afraid to believe it.”

Still, the Friends of Mukai say they are looking forward and already making plans for restoring and opening the property, where the Japanese-American Mukai family once kept a strawberry farm and traditional Japanese garden. Last week board members were working to get keys to the farmhouse and planning to meet with historic preservationists and government officials about their next steps.

“We think the judge made a really good decision to put this in the hands of board members who are islanders,” said Christie True, director of the King County Department of Natural Resources and Parks. “It’s really important that these historic properties are well protected.”

Last year the county offered to purchase the Mukai property as part of a settlement in the lawsuit. However, the agency couldn’t reach a deal that Matthews would agree to. Now, both the Friends of Mukai and True say they’ll consider whether the property should ultimately be transferred to King County, which manages a short list of historic sites around the region.

“We’re still open to potentially being the property owner,” True said. “We’re open to that conversation.”

The dispute over the Mukai property began in 2012, when a group of islanders concerned that Matthews and her small board of largely out-of-state residents were letting the historic site fall into disrepair quietly became members of the nonprofit. They then called a special meeting where they elected a new board and president, ousting the former officers. When Matthews then refused to give up control of the nonprofit, the Vashon group sued.

Benton, the superior court judge, originally ruled in favor of the original board, saying that according to Island Landmarks’ bylaws the islanders did not properly give notice of their meeting.

However, after the Vashon group appealed that decision, a three-judge Court of Appeals panel ruled that their meeting was in fact valid. But the panel said other facts in the case were not clear — such as who were considered members at that time and whether all members received notice of the meeting — and sent the case back to superior court.

Since then, depositions taken and records collected in preparation for a trial showed that at the time of the Vashon group’s 2012 meeting, Matthews and other board members had been essentially inactive with the nonprofit for two years, not paying dues to be part of Island Landmarks or holding the regular meetings and elections required by the bylaws.

“As a result, when (the Friends of Mukai) stepped up in May and indicated their interest, they were the only members of Island Landmarks, and that’s what we argued in court,” said David Brenner, an attorney with the Seattle firm Riddell Williams, which represented the Friends group on a pro-bono basis.

Greiner said new testimony also showed that the Friends of Mukai asked Island Landmarks’ former secretary, Ken DeFrang, to give notice of their meeting, but he refused. Matthews’ side had argued that the meeting wasn’t valid because DeFrang hadn’t given notice of it.

“You can’t have it both ways. You can’t refuse to participate and then say you were not involved,” Greiner said.

Both sides of the case had been preparing for trial when they filed opposing motions for partial summary judgement, asking the judge to rule on the primary issue, the nonprofit’s ownership, without a trial.

While Benton ruled in favor of the Vashon group, the case may still go to trial over requests in the lawsuit that Matthews hand over Island Landmarks’ financial records as well as some artifacts in her possession.

Matthews, reached by phone, declined to comment. However, an attorney representing her, J. Timothy Hobbs with the Seattle law firm K&L Gates, said they were disappointed with the ruling but “proceeding with the defense of the case.” He declined to say whether they planned to appeal.

Throughout the legal battle, the Friends of Mukai have amassed support for their cause, as more than 200 people signed on as members of the group and government and nonprofit representatives spoke out about the neglected property. In June of 2013, about 200 people, including King County Executive Dow Constantine and Councilmember Joe McDermott, attended a rally outside the fenced site to draw attention to the issue.

Last week, True and other officials said they were pleased with the recent court decision.

“We’re just excited to see the property come back to life and be well taken care of,” said Allyson Brooks, a top official with the state Department of Archeology and Historic Preservation who in early 2013 voiced concern about Island Landmarks’ management of the property the state helped purchase. Later that year, Island Landmarks announced it would sell the property to an unnamed buyer, a purchase that was ultimately halted in court.

“There’s been so much uncertainty and just confusion over a path to preservation, and now you feel like there’s been a breakthrough,” said Michael Sullivan, a historic preservationist and principal of the Seattle-based Artifacts Consulting.

The Friends of Mukai recently hired Artifacts Consulting to create a preservation plan for the privately owned fruit barrelling plant adjacent to the farmhouse. However, because the group now has the farmhouse and because the barrelling plant’s owner has not given them permission to go inside, Artifacts will focus its efforts on planning restoration for the farmhouse.

Sullivan recently visited the site and said he was dismayed to find that a door to the house was standing open. Inside the house, he said he found empty beer bottles and spoiled food in an unplugged refrigerator.

“It just looked like there were signs that there wasn’t anybody watching out for it,” he said.

Sullivan, who outlined his concerns in a declaration presented to the judge, said he’s most worried about the home’s roof, which has long needed repair and which he says has been improperly covered with plastic sheeting.

“The quickest way for a building to deteriorate is for a roof to go bad,” he said.

Greiner said the Friends of Mukai hope to quickly do work on the roof, which they have grant funding for. Also high on their list is taking down a plastic deer fence that has surrounded the property in recent years and holding an event for supporters and Vashon residents.

“We’re hoping to get the public there soon,” she said.

While Matthews and her board could appeal the decision, lawyers for the Friends of Mukai say that because issues of fact have been cleared up, the case likely wouldn’t go far in appeal.

As of Monday, the Friends of Mukai had not yet gotten keys to the house.

“We’re hopeful everyone will do the reasonable thing here and transfer the property … so repairs can be started and everyone can move forward,” Brenner said.