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HEX 20-004 20210121 Corliss Pre-Hearing Order - Final1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRE-HEARING ORDER - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Corliss Plant 2 Administrative Appeal of Notice of Violation HEX 18-003; 19-001 PRE-HEARING ORDER This prehearing order is issued as a result of a pre-hearing phone conference held on January 15, 2019. Rulings are as follows: A. Designated Parties and Email Distribution. The persons listed below shall speak and receive documents on behalf of each party (City, Applicant and Appellant). 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 Phil Olbrechts: olbrechtslaw@gmail.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRE-HEARING ORDER - 2 City of Federal Way Zach Lell: Eric Rhoades: zlell@omwlaw.com Eric.Rhoades@cityoffederalway.com Appellant Bill Lynn Reuben Schutz blynn@gth-law.com rschutz@gth-law.com B. Hearing Date. A virtual Zoom hearing shall be held on the appeal on February 8, 202 at 9:00 am. City staff shall host and record the hearing and notify all parties how to participate. 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. 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. E. Hearing Format. The order of presentation will be Appellant; City; Public, City Rebuttal, Appellant rebuttal and then closing argument in order of City, Appellant. F. Cross-Examination. All witnesses will be subject to cross-examination. Reports written for the project will be admitted without cross-examination of the author if the author is not present at the hearing and no email objection is sent to the examiner within 48 hours of receipt of the report. G. Schedule. The following schedule applies: 1/22/21 Prehearing Motions due 1/28/21 Prehearing Response Briefs due. 2/1/21 Prehearing Reply Briefs due. 2/4/21 Witness and Exhibit Lists due. 2/8/21 Hearing, starting at 9:00 am. H. Jurisdiction. The Examiner does not have jurisdiction over claims of equitable estoppel and laches for the reasons identified in Chaussee v. Snohomish County Council, 38 Wn. App. 630 (1984). Evidence will be taken upon those claims if Appellant and City agree to develop an administrative record on those issues. The Examiner has jurisdiction over the finality claims 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRE-HEARING ORDER - 3 raised in the appeal for the reasons identified in the Grump summary judgment order previously submitted to the parties. ORDERED this 21st day of January 16, 2021. Hearing Examiner for Federal Way