COBI - Clark Appeal - Order of Dismissal
Order of Dismissal
City of Bainbridge Island Hearing Examiner
Clark Administrative Decision Appeal
No. PLN-50467 VEG
Page 1 of 2
BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of the Appeal of ) No. PLN-50467 VEG
)
Paul and Jennifer Clark )
)
)
Of an Administrative Decision ) ORDER OF DISMISSAL
TO: Stephanie E. Marshall, Attorney for Appellant
Via email to: stephanie@bennulaw.com
James E. Haney, City Attorney
Via email to: jhaney@omwlaw.com
Maria Dozeman, Clerk to the Hearing Examiner
Via email to: mdozeman@bainbridgewa.gov [For Official File]
PLEASE TAKE NOTICE that on September 12, 2022, Attorneys Marshall and Haney submitted
a stipulation and proposed order requesting the dismissal of all claims and causes of action
arising from the Appellant’s appeal of Hearing Examiner Stafford Smith’s October 17,
2017,decision upholding revocation of a vegetation management permit. The parties note that
they have resolved all issues in the matter and on September 2, 2022, the Kitsap County Superior
Court dismissed the Appellant’s LUPA action.
The parties’ stipulation states:
IT IS HEREBY STIPULATED AND AGREED by and between the Appellants
PAUL and JENNIFER CLARK, husband and wife, and the Respondent THE
CITY OF BAINBRIDGE ISLAND, acting through its Department of Planning
and Community Development, that all claims and crossclaims by and against all
parties in this administrative proceeding and through remand by the Washington
State Court of Appeals, have been fully and finally resolved, and that the above
captioned matter may be dismissed with prejudice and without assessment by the
Hearing Examiner of costs or attorneys' fees to any party.
The Hearing Examiner’s Rules of Procedure for appeal hearings (Chapter 2) provide:
2.3.2 Any party may request dismissal of all or part of an appeal at any time
with notice to all parties. The Hearing Examiner may make a ruling on a
Order of Dismissal
City of Bainbridge Island Hearing Examiner
Clark Administrative Decision Appeal
No. PLN-50467 VEG
Page 2 of 2
motion to dismiss based upon written arguments or may call for oral
arguments.
ORDER
The Hearing Examiner GRANTS the request for dismissal. All claims and causes of action by
and against the parties, including without limitation all claims, counterclaims and crossclaims,
are dismissed with prejudice without assessment of costs or attorneys' fees to any of the parties.
SO ORDERED this 16th day of September 2022.
ANDREW M. REEVES
Hearing Examiner
Sound Law Center