A U.S. District judge on Friday threw out a claim that the city of Bellevue failed in its promise to fix faulty designs for storm water and sedimentation facilities in Coal Creek basin.

William and Leanne Weinstein, who own property along the mouth of Coal Creek, sued the city and King County in 2003 for violations of the Clean Water Act.

The city settled that case by promising to stabilize the creek at a cost capped just above $3 million.

The Weinsteins later sued again, claiming that the city was creating its own permitting setbacks to stall the promised fixes – which still haven’t taken place. They said the city applied for a type of project that had little chance of being approved.

Judge Robert S. Lasnik said in a summary judgment that there was no proof that the city had operated in bad faith or violated its agreement.

“The parties…did not contract for the means by which the City would pursue its sediment-capture volume project.”

The Weinstein suit also tried to block the city from counting $2 million in county-provided funds against the cost cap for the creek fixes.

Lasnik said in his summary judgment that the contract clearly states that the payments of the city and county combined should count toward the cap.

The judge also ruled against allegations that the city failed in its promise to cooperate on permitting for a salmon habitat that the Weinsteins planned to build on their property.

Lasnik said the finished project was a salmon hatchery rather than a salmon habitat.

“It may enhance salmon to make more of them; it does not however, enhance salmon habitat,” he wrote.