Seattle City Council president Richard Conlin announced today that he—not the city attorney—is behind a lawsuit to keep a ballot measure concerning the $4.2 billion deep-bore tunnel off the city's August ballot, according to a declaration filed today in King County Superior Court. "I asked City Attorney [Pete] Holmes if he would file declaratory judgment action on behalf of the City," Conlin says.

In dispute is whether Holmes has the authority to challenge Referendum 1 in a lawsuit that will go before a judge on May 13. Proponents of the referendum asked the court last month to dismiss the suit, alleging that Holmes doesn't have that authority because he was acting independently, without the the council or mayor as a client.

"I have the independent authority to take this action," Holmes had said on March 29 in explaining his decision, "I’ve always acted in this office in consultation and collaboration."

Holmes is no stranger to the latest argument against him—it's a case he's made against his own political rivals. He sued state AG Rob McKenna for filing a lawsuit challenging the constitutionality of national health reform passed by Congress because McKenna was not acting on behalf of the state legislature or governor.

Holmes asked a court today to let his lawsuit proceed, saying he acted at Conlin's request and he had the authority to file the lawsuit even without that request.