Public record · November 4, 2026 update · Last updated November 7, 2026

Cle Elum Bankruptcy: From the Agreement to Today.

The original development agreement, three arbitration rounds, final judgments, the Chapter 9 filing, and the steps now being considered. The historical dispute is the context. The debt-resolution process is the current story.

Public discussion · Mayor's update, Nov. 3, 2026

City finances, the bankruptcy, and community ideas.

Mayor Matthew Lundh shared an update addressing Cle Elum's Chapter 9 proceedings. His written post identifies city property sales, a proposed transportation sales tax, staffing changes, and possible changes to the city's leadership structure. In the accompanying video, he announced that the standalone City Administrator position will end January 31, 2027 and that the Public Works manager is expected to assume expanded city-administrator responsibilities in February. These are the mayor's stated initiatives and proposals; the announcement alone does not establish the implementation status or required approvals for each item.

Video · November 3, 2026

Mayor Lundh’s Chapter 9 update

Original public statement · November 3, 2026

Mayor Lundh’s accompanying written message

I want to share an important update on the city's bankruptcy proceedings, our progress toward a resolution, and several decisions about our path forward.

In this video, I discuss recent milestones and four steps we're taking or proposing to strengthen the city's finances, reduce expenses, and free up resources to meet our financial obligations. These include selling city properties, a proposed transportation sales tax measure, staffing changes, and changes to our city's leadership structure.

I know this process has created uncertainty and weighed heavily on our community. It weighs on me every day, too. But I'm encouraged by the progress we're making.

Please take a few minutes to watch the update. As always, I welcome your questions, feedback, and ideas. Thank you for staying engaged and informed about our city's future.

Source: Mayor Lundh’s accompanying written Facebook post, November 3, 2026. This is not a transcript of the video.

Community response to the mayor’s invitation

The statement above invites questions and ideas. The following comment is Karl Ohlemann’s separate contribution, not part of the mayor’s remarks or a city-endorsed proposal.

Karl Ohlemann · Comment on original post

Very good message, Mayor Lundh. 👏🏼 I appreciate the direct communication and the focus on finding practical solutions. Good direction. Keep it up!

I believe our community has a tremendous amount of experience, creativity, and talent that could be helpful in exploring ways to increase revenue and strengthen the city's finances and local economy.

I certainly don’t have all the answers, but I’ve spent some time putting together a few ideas that might be worth considering. Some may have merit, others may not. I’ve included them here in case they’re helpful:

https://weheartcleelumroslyn.com/community-revenue/

I’d be happy to contribute my time, help bring people together, or simply share what I’ve put together if there’s interest.

And I’d genuinely welcome ideas from anyone in the community, and I’d gladly post them here. I’m sure there are plenty of good ones!

Text reproduced from the screenshot supplied by Karl Ohlemann. This is a readable transcription, not yet the original image file.

The mayor invited feedback and ideas. WHCER welcomes thoughtful proposals and practical scrutiny from Cle Elum, Roslyn, South Cle Elum, and Ronald, including perspectives that challenge ideas already presented. We may publish suitable contributions after reviewing them and confirming how contributors want to be credited. Neither the mayor's post nor WHCER's response implies any city endorsement of a proposed revenue program.

Original Facebook source ↗ · Dated WHCER source record

Current status · November 4, 2026

The case has moved from eligibility to resolution.

The bankruptcy court confirmed Cle Elum's eligibility to proceed under Chapter 9 in June 2026, with a published opinion in July. The city submitted a proposed debt-adjustment plan in August, and a settlement judge was appointed September 30. The public records reviewed here do not establish a confirmed repayment plan or completed settlement. The mayor's November 3 update describes further financial and organizational steps under consideration.

A Chapter 9 filing and eligibility ruling do not erase the judgment or establish how creditors will ultimately be paid. Tax proposals and asset-sale plans also require their own legal and fiscal analysis.

Background · 2008–June 2025

How the City Heights dispute reached Chapter 9

The agreement was negotiated for a long-term residential development. Years later, disputes over permit review led to arbitration, monetary awards and court judgments. The key events, in order:

  1. 2008–2010
    Annexation and environmental planning

    Cle Elum began annexation planning for roughly 330 acres in 2008 and issued the final City Heights environmental impact statement on November 12, 2010. Source ↗

  2. November 2011
    25-year City Heights Development Agreement

    The council approved annexation, planned-action and master-plan legislation November 8. The 25-year agreement was signed November 11, contemplating up to 962 residential units across about 358 acres. This is distinct from the Bullfrog Flats agreement relevant to the data-center proposal. Source ↗

  3. 2019
    Ownership changes; development restarts

    City Heights acquired the property and development rights. The developer and city later disagreed over which permit-review procedures were required under the existing agreement. Source ↗

  4. November 16, 2020
    First arbitration order

    A published arbitration order addressed interpretation of the development agreement and the process for reviewing applications. Source ↗

  5. April 8, 2022
    Second arbitration order

    A second published order addressed further development-agreement and permitting issues. Both orders remain linked from the city's planning history. Source ↗

  6. 2023–2024
    Damages dispute develops

    Phase 1 entered construction, while City Heights pursued damages it attributed to city-caused delays. The city disputed aspects of causation and damages. Source ↗

  7. November 5, 2024
    Third arbitration: $22.23 million award

    Retired Judge Paris Kallas awarded $22,230,175 to City Heights following the damages arbitration, finding contractual breaches. The city had contested the claimed damages. Source ↗

  8. December 9, 2024
    Initial court judgment

    King County Superior Court entered an initial judgment confirming the arbitration award. The award/judgment carried 12% annual interest. Source ↗

  9. January 22, 2025
    Supplemental fee award

    A supplemental arbitration award for attorney fees and related sums added approximately $2.32 million. This is an additional monetary determination, but the official sources reviewed do not identify it as a fourth separate arbitration round. Source ↗

  10. January–March 2025
    Filing authorized, mediation attempted

    The City Council authorized a possible Chapter 9 filing on January 28. Instead of immediately filing, the city and developer began a mediated effort to resolve payment terms. Source ↗

  11. May 2025
    Amended judgment and garnishments

    An amended judgment was entered on May 12. The bankruptcy court later described the debt as approximately $26 million as of May. Bank-account garnishments increased pressure on city operations. Source ↗

  12. June 24, 2025
    Chapter 9 petition filed

    After settlement discussions failed, Cle Elum actually filed its Chapter 9 petition, Case No. 25-01128-WLH9, in the Eastern District of Washington. Source ↗

Arbitration count: The City's official history identifies three arbitration rounds, the first two on permit-review interpretation and the third on damages. The supplemental attorney-fee award followed. We have not verified a fourth independent arbitration. The November 2024 award, December 2024 judgment, January 2025 supplemental award and May 2025 amended judgment are distinct events.

City arbitration overview ↗ · Agreement and first two arbitration orders ↗ · Bankruptcy court opinion ↗

Court chronology · June 2025–October 2026

After filing: from eligibility to debt adjustment

A dated record of court proceedings, financial proposals, and settlement steps through October 31, 2026. The November 3 mayoral announcement appears below.

Why this update matters: Original 2024–2025 commentary is preserved in a separate historical archive. The dated developments below distinguish court findings from the claims and proposals of either party. A Chapter 9 filing is not itself an approved repayment plan.

June 24, 2025 · The Chapter 9 petition

The City files after mediation and bank-account garnishments

Cle Elum filed a voluntary Chapter 9 municipal bankruptcy petition in the U.S. Bankruptcy Court for the Eastern District of Washington, Case No. 25-01128-WLH9. The immediate backdrop was the City Heights judgment arising from the parties’ 2011 development agreement. An arbitrator had awarded approximately $22.23 million in November 2024; after subsequent court judgments and additions, the amount owed was approximately $26 million as of May 2025, according to the bankruptcy court’s later findings.

The judge’s July 2026 opinion reports that City Heights garnished about $465,000 from two city bank accounts in May 2025 while mediation was ongoing. Settlement discussions did not reach agreement. The city said the filing was necessary to protect municipal operations; City Heights disputed aspects of the city’s conduct and later challenged its eligibility for Chapter 9.

What filing accomplished: Bankruptcy’s automatic-stay protections generally halted collection efforts while the court considered the case. It did not cancel the judgment or immediately determine how much City Heights would ultimately receive.

Read: City’s June 24 announcement (PDF) · Court’s July 2026 opinion, pp. 2–4 · U.S. Courts: Chapter 9 basics

July–November 2025 · Creditor notices and recovery of frozen funds

Bankruptcy shifts the dispute from collection to a court-supervised process

In July 2025, the bankruptcy case formally notified creditors and interested parties of the Chapter 9 proceeding, claims process, and automatic stay. Public pleadings began to appear through the city’s claims and noticing agent, Stretto. These steps brought creditors besides City Heights into a proceeding whose ultimate outcome would affect how claims against the city are handled.

Following the filing, the city also pursued an adversary proceeding challenging the earlier garnishment transfers and liens. On November 6, 2025, the bankruptcy court entered a stipulated judgment avoiding the garnishment writs and associated liens, requiring cooperation to release garnished money and unfreeze accounts. This changed City Heights’ collection position, but it did not extinguish the underlying judgment claim.

The parties also tried post-filing settlement talks with the assistance of another bankruptcy judge. Those discussions did not produce a settlement, setting up the next major dispute: whether the city was entitled to proceed under Chapter 9 at all.

Read: July 2025 notice of commencement (PDF) · Court opinion, pp. 3–4 (Nov. 6 judgment cited in footnote 14) · Public claims-agent case portal

October 10–17, 2025 · Public opinion research, published in December

Residents were surveyed about taxes, asset sales, and the judgment

The city commissioned a voter survey as it considered ways to address the judgment and future budget needs. In its published executive summary, Probolsky Research reported that 57% supported a modest sales-tax increase, 70% opposed an increased property tax, and 75% favored selling city-owned assets. The results indicate preferences in the surveyed group, not authorization for any specific measure or sale.

The methodology matters: the survey interviewed 154 Cle Elum voters online and by phone and reported a ±7.5 percentage-point margin of error. The question wording, sample size, and the distinction between stated preferences and actual ballot outcomes all matter when interpreting those figures.

Read: Probolsky Research voter poll executive summary (PDF)

March–July 2026 · An eligibility challenge and a consequential ruling

City Heights challenged good faith. The bankruptcy judge ruled for the city.

City Heights filed an objection to the city’s Chapter 9 eligibility in March 2026, arguing that the filing was not made in good faith. This was a meaningful legal hurdle. A city does not obtain a confirmed right to adjust debts merely by submitting a petition; the court must determine whether it qualifies to proceed.

Judge Whitman L. Holt conducted an evidentiary hearing on May 4–5, 2026, receiving testimony and reviewing settlement-related evidence. The court overruled the objection and entered an order granting Chapter 9 relief on June 24, 2026. On July 14, 2026, the judge issued a detailed published opinion explaining why the city acted in good faith and was eligible to proceed.

This is an important change from what was uncertain when some earlier articles on this page were written. The court concluded that the city met the threshold for Chapter 9. That ruling did not decide the final payment amount, erase the contractual breach found in arbitration, or approve a repayment plan. It allowed the case to move to its next stage.

Read: Mayor’s June 8 case update · Judge Holt’s July 14 opinion (PDF) · Bankruptcy court opinions index

August 21, 2026 · A proposed plan of adjustment

The discussion moves from eligibility to how debt might actually be paid

After winning the eligibility dispute, the city filed a proposed Chapter 9 plan of adjustment on August 21, 2026. The plan proposed how creditor claims might be classified and paid over time. It included potential revenue measures and municipal property dispositions. A proposal is not a court-approved payment agreement, and creditors may contest its terms.

The plan’s definitions describe a $26,415,746 gross City Heights judgment-related claim, with a proposed setoff connected to an allowed Gordon Thomas Honeywell claim, resulting in a stated $23,947,376.84 net Class 9 claim. These figures concern the proposed claim treatment; they are not amounts already paid, agreed to in settlement, or guaranteed for future distribution.

According to the accompanying disclosure materials, the city reported $4,734,633 in 2025 General Fund revenue against $4,916,550 in expenditures, a deficit of $181,917, and a year-end book balance of $434,925. The materials describe enacted sales-and-use tax measures and an additional transportation-tax proposal requiring voter approval. The financial significance of every measure depends on its legal status, timing, yield, restrictions, and actual collection.

The central financial question: What sustainable, legally available annual cash flow can the city generate after providing essential services, and what share can a confirmed plan require it to devote to creditors?

Read: Public analysis with links to proposed plan and disclosure statement · Bloomberg Law, Aug. 24 plan coverage · City’s 2026 adopted budget (PDF)

September 17–30, 2026 · Negotiation returns to the forefront

A settlement judge is appointed, but no settlement is announced

On September 17, the disclosure-statement approval hearing was taken off its prior track at the city’s request and converted into a status conference. At the September 23 hearing, the parties asked for Bankruptcy Judge Christopher M. Klein to serve as a settlement judge. The court also approved the employment of counsel for the official unsecured creditors’ committee.

On September 30, 2026, the bankruptcy court formally appointed Judge Klein to facilitate discussions among the city, City Heights, and the unsecured creditors’ committee. The September 23 minutes stated that the anticipated December confirmation hearing would be rescheduled while negotiations proceeded.

Appointment of a settlement judge is a procedural step, not proof that the creditors have accepted the city’s plan. The settlement terms, if any, would still need to be documented and addressed through the applicable bankruptcy process.

Read: Chronology linking September 23 minutes and September 30 order · Case docket and subsequent filing status

As of October 31, 2026 · Where the public record stands

Cle Elum remains in Chapter 9, with a proposed plan and active settlement process

The latest material docket development located for this update is the September 30 appointment of a settlement judge. Based on the cited public docket summaries, there was no subsequently confirmed repayment plan or completed settlement reflected through October 2026. The city’s eligibility dispute has been decided, but its final debt-adjustment arrangement has not.

What should residents watch next? A written settlement or amended plan; public disclosure of creditor treatment and projected payments; the source and legal availability of funding; any votes required for new taxes; potential asset sales; and the resulting effect on city services, infrastructure, and residents.

These developments also explain why future business and infrastructure projects belong in Cle Elum’s financial conversation. New tax base could contribute to long-term fiscal capacity. But gross construction investment is not the same as taxable assessed value, and new tax receipts are not automatically available to pay a judgment. The separate data center essay and 31-page preliminary economic and fiscal scenario assessment examine that question without treating developer projections as guaranteed revenue.

Read: Latest publicly indexed docket · Claims agent and case documents · Federal Chapter 9 overview

Source note and editorial distinction

These additions summarize documents and reporting available through October 31, 2026. Where a statement describes a party’s position, it is identified as such; court findings are separated from proposed plan terms. The dates, amounts, and procedural status should be rechecked against the current case docket before anyone relies on them for legal or financial decisions.

Original pre-filing opinions and correspondence remain in the historical archive. Some statements reflect what was known or believed at the time; the court’s 2026 eligibility ruling supersedes uncertainty expressed in earlier commentary.

Governance option · Informational overview · November 7, 2026

A separate question about Cle Elum’s long-term governance.

Cle Elum’s bankruptcy concerns how the city will address existing legal and financial obligations. A possible change in the city’s form of government is a separate, longer-term question about executive capacity, continuity, and accountability. We are presenting the basics here because the bankruptcy discussion has brought that governance question into public view. We are not asserting that the mayor-council form caused the bankruptcy or that changing the form of government would resolve it.

Current mayor-council structure. Cle Elum voters elect the mayor and city council. The mayor serves as the city’s chief executive and administrative officer, while the council exercises legislative authority.

Possible council-manager structure. Residents would continue electing the council. The council would appoint a professional city manager to serve as chief executive and oversee day-to-day administration. The manager would be responsible to the council and could be removed by the council. A councilmember would serve as mayor or chair for ceremonial and presiding responsibilities.

Current staffing announcement. In his November 3 public update, Mayor Matthew Lundh announced that the standalone City Administrator position will end January 31, 2027 and that, beginning in February, the Public Works manager is expected to assume an expanded role that includes city-administrator responsibilities. This announced consolidation does not itself convert Cle Elum to council-manager government. Under the current mayor-council structure, executive authority remains with the elected mayor; under a council-manager structure, a statutory city manager would be appointed by and responsible to the council.

What would not change. Residents would retain an elected council, public meetings and records would remain subject to state law, and the city would remain responsible for its existing debts, judgments, and court-approved obligations. A governance change would not erase the bankruptcy, reverse a judgment, or guarantee better decisions.

How a change could occur. Washington law provides processes that can begin through council action or a voter petition and culminate in a public election. No political action committee or ballot committee has been formed, no petition or ballot campaign is underway, and contributions are currently paused.

Original 2024–2025 material · Moved, not deleted

That was then. This is the record now.

Earlier first-person criticism, advocacy, correspondence, the 2024 town hall, and supporting imagery remain available in a separate historical archive. These original views are preserved for context but do not replace later court findings or the current debt-resolution chronology.

Editorial independence · November 2026

History disclosed; conclusions based on current evidence.

Karl Ohlemann previously facilitated dialogue between representatives of City Heights and the City of Cle Elum and publicly criticized some city decisions. The historical opinions remain accessible. WHCER is not commissioned by or speaking for City Heights, Blue Fern Development, or the City of Cle Elum.

We distinguish court findings, parties' claims, publicly proposed measures, and independent analysis. Developments are dated and sourced without rewriting the old commentary.

Related municipal-finance research

WHCER's separate community-revenue ideas and data-center fiscal analysis explore economic opportunities and potential municipal benefits. These are not equivalent to legally available cash flow or an approved Chapter 9 repayment plan.