2021-08-31 Prehearing Order -- Greenline Warehouse B1
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BEFORE THE HEARING EXAMINER FOR
THE CITY OF FEDERAL WAY
Greenline Warehouse B
PRE -HEARING ORDER
Administrative Appeal of Process III and
MDNS
File No. 17-104236-UP; 17-
104237-SE.
This prehearing order is issued as a result of a pre -hearing phone conference held on August 16,
2021. 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
Phi101brechts: olbrechtslaw@gmail.com
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City of Federal Way
Zach Lell: zlell@omwlaw.com
Kent Van Alstyne: Kent.VanAlstyne@cityoffederalway.com
Applicant
Courtney Kaylor: courtney@mhseattle.com
Appellant
Rick Aramburu rick@aramburu-eustis.com
B. Hearing ate. The appeal hearing will be held virtually on October 18, 2021 starting
at 9:00 am. Public testimony on the appeal will be taken on September 17, 2021 in a hybrid in-
person/virtual hearing at 10:00 am.
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 for the October 18, 2021 hearing will be
Appellant; Applicant; City; Applicant rebuttal; Appellant rebuttal and then closing argument in
order of City, Applicant, Appellant. Public testimony on September 17, 2021 shall be limited to
five minutes per person and may be provided in -person or by phone. The Staff, Applicant and
Appellant in that order may provide an opening statement of up to ten minutes to explain the project
and/or their position on the project. Public testimony will be limited to the appeal issues raised by
the Appellants. The public notice for the public testimony portion of the hearing shall identify the
ground rules set by this paragraph and shall also provide a weblink to the Appellant's written
appeal.
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:
8/25/21 Prehearing Motions due
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9/10/21
Prehearing Response Briefs due.
9/17/21
Prehearing Reply Briefs due.
9/17/21
Public testimony, 10:00 am (in -person hearing)
9/21/21
Oral Argument on Prehearing Motions (if requested).
10/2/21
Decision on virtual or in -person appeal hearing
10/6/21
Witness and Exhibit Lists due.
10/13/21
Rebuttal Witness and Exhibit Lists
10/18-21/21
Hearing, 9:00 am each day (virtual)
ORDERED this 31 st day of August, 2021.
PRE -HEARING ORDER - 3
Hearing Examiner for Federal Way