Kent mayor asks state to probe Albertsons restrictive covenant; council approves ordinance blocking future grocery-use covenants

Mayor Dana Ralph announced Wednesday that she filed a consumer complaint with the Washington state Attorney General challenging a restrictive covenant recorded by an Albertsons subsidiary that limits grocery uses on a cluster of parcels at the former Albertsons site on Kent's East Hill.

The complaint, Ralph said during the Oct. 21 council meeting, argues the restriction "amounts to an unlawful restraint of trade or commerce in violation of RCW 19.86," and that it has contributed to a long-term lack of grocery access in parts of Kent's East Hill. The council approved a consent calendar that included an ordinance designed to prevent similar grocery-use restrictive covenants going forward; the consent calendar passed 7-0.

Ralph told the council and the public that the recorded restriction dates to 2015 and covers roughly 480,000 square feet of commercially zoned land, "nearly a dozen acres" that are served by arterial roads and would be appropriate for supermarket or grocery uses. The covenant, she said, bars use of the parcels "for general food market, supermarket, grocery store, meat market, fish market, fruit store, vegetable store, convenience store" and runs with the land, with an end date tied to whether Albertsons operates a grocery or fuel center within a five-mile radius of the parcels.

The mayor cited local food-insecurity data in explaining the action. According to the materials Ralph read, King County's 2023 food-insecurity report and Communities Count data show higher rates of food insecurity on South King County and in Kent; the mayor noted that 15.9% of Kent residents experience food insecurity compared with 9.5% countywide. She also pointed to a recent grocery closure: on Oct. 17, 2025, a Fred Meyer on East Hill closed, which she said will increase the number of residents with limited access to nearby supermarkets.

The filing asks the Attorney General's office to review the covenant and the scope of restrictions recorded by the company. Ralph urged residents and organizations to file complaints as well to highlight the issue to the state.

At the meeting, several residents spoke during public comment about related concerns. Logan Evans, a Kent resident who said he supports redeveloping the site, called rezoning "a great idea" but said long-term success depends on local conditions, including public-safety enforcement. Another resident, Libby Turtalo, said she is afraid to leave her house at night because of crime and urged the council to act on community safety.

What happens next: the mayor's complaint now goes to the Washington Attorney General's office for review. The council's ordinance to block future grocery-use restrictive covenants was adopted as part of the consent calendar vote; the ordinance's text and implementation steps were not read in detail at the meeting and are listed as consent calendar items in the council packet.

Speakers

- Dana Ralph, Mayor (first referenced Oct. 21, 2025, 00:47:52) - Logan Evans, Kent resident (public commenter, 01:15:00) - Libby Turtalo, Kent resident (public commenter, 01:12:04)

Authorities

- statute: RCW 19.86 (referenced_by:["restrictive-covenant-article"])

Actions

- {"kind":"ordinance_adoption","identifiers":{"agenda_item_id":"consent_calendar_items_a-m"},"motion":"Adopt ordinance preventing future grocery-use restrictive covenants (as published on consent calendar)","mover":null,"second":null,"vote_record":[{"member":"Council present","vote":"yes"}],"tally":{"yes":7,"no":0,"abstain":0},"outcome":"approved","notes":"Ordinance included on consent calendar; council approved consent calendar 7-0."}

Clarifying details

- restrictive covenant recording year: 2015 (as read by the mayor) - property area affected: ~480,000 sq ft / "nearly a dozen acres" (mayor's statement) - cited local food-insecurity rate: 15.9% for Kent vs. 9.5% countywide (source cited by mayor: Communities Count/King County 2023)