The developer of Cedar Ridge subdivision must pay his fair share of the Washington Harbor Road extension before the development's third phase is approved, a Clallam County judge has ruled.

A lawsuit challenging whether the road was required and who would pay for it was filed by Ken Hays against the city of Sequim in February 2007 before Hays was elected to the Sequim City Council.

City Attorney Craig Ritchie said building the road now will be a condition of the subdivision's final plat.

But instead of building the road, the developer will pay the "fair share" for it because it isn't within the development. However, the development necessitates building the road, he said.

The lawsuit "Ken and Joanna Hays and Sequim Land LLC versus City of Sequim, Cedar Ridge Associates LLC, Cedar Ridge II LLC and Cedar Ridge III LLC" concerns the third of three phases of the 263-lot Cedar Ridge subdivision and planned-unit development on 63.75 acres between Keeler and Lofgrin roads.

The Hayses own property adjacent to the proposed development. Sequim Land LLC, owned by John Robinett of Everett, also owns property that abuts a portion of the road that the developer had been required to build.

The road is an extension of Washington Harbor Road between Keeler and Lofgrin roads, to be built at some future unspecified date.

Larry Freedman, a partner in Cedar Ridge Associates, said he was pleased with the judge's decision.