HEX 20-004 20210121 Corliss Pre-Hearing Order - Final1
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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
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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
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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