Lawsuits associated with Michelle Belkot’s removal from C-TRAN board in holding patterns

Clark County Councilor Michelle Belkot’s suit against Clark County has been moved to federal court. A date has not been set. Photo by Paul Valencia

Michelle Belkot’s lawsuit has been moved to federal court, while Rob Anderson of Reform Clark County says his case might be moved — and both cases do not have starting dates as of May 12

Paul Valencia|
Clark County Today

Two lawsuits stemming from the removal of Michelle Belkot from the C-TRAN Board of Directors are in holding patterns, waiting for dates and locations.

Belkot, a councilor for Clark County, was removed from the C-TRAN board by the four other Clark County councilors a day after it was learned she was going to vote to revert to older language, protecting taxpayers from operations and maintenance costs — and other projects — associated with the expansion Oregon’s light rail into the city of Vancouver.

Belkot’s lawsuit filed against Clark County states that the county violated the Civil Rights Act, as well as the Open Public Meetings Act, and Quo Warranto claims. She filed that lawsuit in Skamania County.

Because it is a civil rights case, Belkot said, the case was moved to federal court.

Meanwhile, Rob Anderson’s lawsuit against the county dealing with the same incident, appears to be moving from Skamania County — where Anderson and Reform Clark County filed the suit — to Clark County. A judge did grant a change of venue, Anderson said, but the paperwork has not yet been filed.

Rob Anderson of Reform Clark County does not have a date for his suit against four Clark County council members. He was told the defendants might want to move the suit from Skamania County to Clark County. Photo by Paul Valencia

The delays could have an effect on a future vote by the C-TRAN board. Last month, the board delayed the vote on the language until its July meeting, in hopes that the legal issues could be resolved.

Wil Fuentes, a Clark County council member, was named Belkot’s replacement on the C-TRAN board. At least one legal expert has warned the C-TRAN board that any action it takes with Fuentes could be reversed if it is determined that the county did not act lawfully when removing Belkot from the board. (https://www.clarkcountytoday.com/opinion/opinion-the-clark-county-charter-grants-the-power-to-appoint-not-to-revoke-council-member-board-appointments/)

“This could be going on and on and on,” Belkot said of her case, which now likely will be heard in Seattle or Tacoma.

She has not received a date for her case to continue.

“I knew since it was a civil rights violation (case) it had the potential to go to federal court,” Belkot said Monday afternoon. “Now that it’s taken place, it’s going to take longer for my case to be addressed.”

Anderson said he has heard that the defendants in his case — Clark County Councilors Sue Marshall, Wil Fuentes, Glen Yung, and Matt Little — want the case moved to Clark County. As of Monday afternoon, the Skamania County clerk’s office told Anderson that the defendants had not submitted the official paperwork for a transfer, but it is expected. As of now, Anderson does not have a date for his case.

“They want it in a friendlier court, for sure,” Anderson said of his lawsuit. “It also could be a delay tactic.”

As of right now, Clark County could be on the hook for expenses related to TriMet’s expansion into the city of Vancouver. Anderson noted that as long as the current language is in place, the ones who worked to remove Belkot from the board could get their way, costing Clark County taxpayers.

In July of 2022, the C-TRAN board approved the Modified Locally Preferred Alternative for the Interstate Bridge Replacement Program, but with a list of conditions. One of those conditions was clear: C-TRAN will not be responsible for any costs for operations and maintenance of LRT (light-rail transit) in Vancouver or Clark County, including any new park-and-rides that may be constructed as part of the project.”

That language was amended in November 2024, with the board stating: “C-TRAN may participate in funding operations and maintenance of the bi-state transit, including any new park-and-rides that may be constructed …”

Earlier this year, Belkot asked for a vote to revert to the old language, to protect Clark County taxpayers from that expense.

On March 11, just before the vote was to take place, it became clear that the vote would pass. Board member (and Clark County chair) Sue Marshall moved to table the vote. Board member (and Vancouver mayor) Anne McEnerney-Ogle seconded the motion. The board voted to table the vote.

The next day, Belkot was removed from the board.

Belkot filed her lawsuit in hopes of being returned to the C-TRAN board. In the meantime, she said she is keeping tabs on C-TRAN, trying to stay informed in case she is back on the board any time soon.

While Anderson does support Belkot, he said his case is for the benefit of the public, not just one person.

“The focus of mine is the public’s voice … the fact that the public was shut out of the whole process,” Anderson said.