CITY'S RESPONSE TO MOTION FOR HEARINGExhibit A, 1
Exhibit A, 2
Exhibit A, 3
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Sheryl Loewen
From:David Linehan
Sent:Thursday, February 02, 2017 3:22 PM
To:Rob Cousins
Cc:Ann Marie Soto; Josh Machen; Sheryl Loewen
Subject:RE: Rich cancelation
Rob,
Thanks for the call. As we agreed, the City will keep your clients’ administrative appeal “on hold” pending
final resolution of the underlying quiet‐title action. In the event your clients decide to they would like a
hearing on the administrative appeal before a final resolution of the underlying case, please let me know and
we will try to get the appeal scheduled on the hearing examiner’s calendar.
Best regards,
David A. Linehan
Kenyon Disend, PLLC
The Municipal Law Firm
11 Front Street South
Issaquah, WA 98027‐3820
Tel: (425) 392‐7090, ext. 2195
Fax: (425) 392‐7071
david@kenyondisend.com
www.kenyondisend.com
From: David Linehan
Sent: Thursday, February 02, 2017 3:06 PM
To: 'Rob Cousins' <rob@rcousinslaw.com>
Cc: Ann Marie Soto <AnnMarie@kenyondisend.com>; 'Josh Machen' <jmachen@bainbridgewa.gov>; Sheryl Loewen
<Sheryl@kenyondisend.com>
Subject: RE: Rich cancelation
Hi Rob,
Can we set up a time to discuss the administrative appeal you filed with the COBI hearing examiner? I
understand from the City that no hearing date has been scheduled. Are you planning to pursue the appeal,
and if so, when should we try to get it scheduled? Otherwise, are we agreeing to put the administrative appeal
on hold until the underlying quiet‐title action is finally resolved? It’s probably easier to discuss by phone, so
let me know when you’d like to talk.
Thanks much,
David A. Linehan
Exhibit D, 1
2
Kenyon Disend, PLLC
The Municipal Law Firm
11 Front Street South
Issaquah, WA 98027‐3820
Tel: (425) 392‐7090, ext. 2195
Fax: (425) 392‐7071
david@kenyondisend.com
www.kenyondisend.com
From: Rob Cousins [mailto:rob@rcousinslaw.com]
Sent: Monday, November 28, 2016 11:09 AM
To: David Linehan <david@kenyondisend.com>
Subject: RE: Rich cancelation
Dave: Let me know a good time to call to discuss the Rich matter and application.
Josh informs me the application has been cancelled despite making arrangements to the contrary. I am around all
afternoon today.
Rob
Robert F. Cousins
Robert F. Cousins, Attorney at Law, PLLC
265 Winslow Way. Ste 101
Bainbridge Island, WA 98110
206‐459‐7264
rob@rcousinslaw.com
From: Josh Machen [mailto:jmachen@bainbridgewa.gov]
Sent: Wednesday, November 23, 2016 4:45 PM
To: Rob Cousins <rob@rcousinslaw.com>
Cc: David Linehan <david@kenyondisend.com>
Subject: RE: Rich cancelation
Rob,
I’m sorry but the application has been canceled due to inactivity. I am assuming you received the cancellation
letter. You will need to have the attorneys take this up as part of the City’s suit and settlement.
Joshua Machen, AICP
Planning Manager
jmachen@bainbridgewa.gov
206.780.3765
From: Rob Cousins [mailto:rob@rcousinslaw.com]
Sent: Wednesday, November 23, 2016 3:17 PM
Exhibit D, 2
3
To: Josh Machen <jmachen@bainbridgewa.gov>
Subject: Rich
Josh:
Update on Rich:
There is a pending appeal hearing that is set for January. This should help resolve the property line issue. When we
submitted, we knew the City could not complete the review since the property line was in dispute and described it as
such on the application. The Rich’s and the Rasmussens will be a lot closer to resolution and hopefully settlement.
I can’t pull the application as it affects the City’s suit against the Rich’s but the City can’t complete it since the property
line is in dispute. Nothing has changed since you and I discussed this at the submittal but the parties are getting closer
to a resolution.
Let me know what if anything the City would like to do to stay the application.
Rob
Robert F. Cousins
Robert F. Cousins, Attorney at Law, PLLC
265 Winslow Way. Ste 101
Bainbridge Island, WA 98110
206‐459‐7264
rob@rcousinslaw.com
Exhibit D, 3