HEX 18-002 Pre-Hearing Order1
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BEFORE THE HEARING EXAMINER FOR
THE CITY OF FEDERAL WAY
Administrative Appeal of Code
Interpretation
18-01.
INTRODUCTION
DRAFT
PRE -HEARING ORDER
This prehearing order is issued as a result of a pre -hearing phone conference held on January 9,
2019.
I. Evidence Relied Upon
Evidence relied upon for this pre -hearing order is as follows:
A. Testimony of pre -hearing conference held January 9, 2019.
B. Appellant's MOTION FOR SUMMARY DISMISSAL OF INTERPRETATION with
exhibits.
II. Rulings
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A. Designated Parties and Email Distribution. The persons listed below shall speak and
receive documents on behalf of each party (City, Appellant and Applicant). All documents required
by this Order should be emailed to all the email addresses below or shall otherwise be received by
the parties below by the deadlines set by this prehearing order. Documents will be considered
timely submitted if emailed on the date required. The time due for any documents sent by email is
5 pm of the date due unless otherwise specified by this order.
Hearing Examiner's Office
Phi101brechts: olbrechtslaw@gmail.com
City of Federal Way
Zach Lell: zlell@omwlaw.com
Mark Orthman: Mark.Orthmann@cityoffederalway.com
AApplicant
Courtney Kaylor: courtney@mhseattle.com
Appellant
Richard Aramburu rick@aramburu-eustis.com
B. Hearing Date. The appeal shall be held on January 23, 2019 at 9:00 am at the City of
Federal Way City Hall, City Council meeting chambers.
C. Exhibit and Witness Lists. Exhibit and witness lists are due on the dates specified in
the schedule below. Witness lists should include a summary of the testimony to be provided by
each witness. No witnesses other than those identified on witness lists will be allowed to testify at
the appeal hearings except as necessary to rebut evidence presented by other parties. Unless good
cause is demonstrated, witnesses shall be limited to those identified at the prehearing conference.
Only exhibits identified in the exhibit lists will be admitted into the administrative record except
those submitted in response to evidence presented by other parties. Copies of all exhibits identified
in the exhibit lists shall be served on all other parties on the dates the exhibit lists are due.
D. Hearing Format. The order of presentation will be Appellant; Applicant; City;
Applicant rebuttal; Appellant rebuttal; closing argument by all parties.
E. Cross -Examination. All witnesses will be subject to cross-examination.
F. Schedule. The following schedule applies:
1/11/19 City and Applicant Response to Appellant's Motion
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1/15/19 Appellant Reply to Appellant's Motion
1/16/19 9:00 am Oral Argument Appellant's Motion
1/21/19 Appellant Witness/Exhibit Lists
1/22/18 Noon. City/Applicant Witness/Exhibit Lists
1/23/19 9:00 am Appeal Hearing
ORDERED this loth day of January, 2019.
MR , nlbs K*"
Hearing Examiner for Federal Way
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