MOTION FOR HEARINGI
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CITY OF BAINBRIDGE ISLAND
HEARING EXAMINER
In the Matter of.
CANCELLATION OF RICH
SCUP /SSDP /SVAR/VAR PLN50327 SCUP
After the Fact Permit for Slope Stabilization
And Access Stairway
RODNEY AND SANDY RICH
APPELLANTS
11691 Sunset Avenue NE
Bainbrid
WA
No. SCUP /SSDP, SVAR/VAR PLN50327
MOTION TO SET HEARING DATE OR,
IN THE ALTERNATIVE, TO SET PRE -
HEARING CONFERENCE
I. INTRODUCTION
This matter involves the cancellation of a shoreline development "after -the fact"
permit application allegedly on the basis of "inactivity." The permit was accepted by City
Staff and a significant permit fee paid. It is unconverted the record shows the City determined
not to process the application until a lawsuit relating to the common property line on one -side
of the Applicants' property and that of the adjacent neighbor was resolved in the courts. That
lawsuit is still pending on appeal. Why the City then decided the application should be
canceled under these circumstances is unknown.
MOTION TO SET HEARING DATE OR,
IN THE ALTERNATIVE, TO SET PR&HEARING
CONFERENCE - Page 1 of 4
[90260.11
Presumably, to re- apply, the Applicants
DENNis D. REYNOLDS LAW OFFICE
200 Winslow Way West, Suite 380
Bainbridge Island, WA 98110
(206) 780-6777, tel / (206) 780=6865, fax
Email: dennis@ddrlaw.com
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would have to pay a new fee, although that is not a known fact. The fee is very high:
$26,215.00. It has not been refunded.
The Applicants' seek to reactivate their application without paying a new fee, then
amend it to seek approval of the structures in which the neighbor's survey shows are wholly
on the Rasmussen's land. On May 24, 2017, the Reynolds Law Firm. Since that time,
request have been made to the Clerk of the Examiner for a hearing date, but the City Attorney
has failed to provide dates. The undersigned understands that the City intends to file a motion
on subject matter jurisdiction, but no motion has yet been filed.
II. ARGUMENT
With fullest respect, the Office of City Attorney does not administer quasi judicial
appeals. That role is reserved to the Examiner. See BIMC Section 2.14.030. C.I. See also
Rules of Procedure For Proceedings Before the Hearing Examiner, Chapter III., Rules
Chapter I, Section 5. Appeals "shall be conducted expeditiously." Rules, Chapter I, Section
2.1
There is no just reason to delay setting a hearing on the merits and, if necessary, an
accompanying motion and briefing schedule. The Applicants' are willing to allow the
Examiner to exercise his delegated authority. In the alternative, they are willing to participate
in a Pre - hearing conference pursuant to the Rules of Procedure, Chapter III, Section 8
III. CONCLUSION
For the reasons stated, a hearing date should be established.
MOTION TO SET HEARING DATE OR,
IN THE ALTERNATIVE, TO SET PR &HEARING
CONFERENCE - Page 2 of 4
[90260 -1j
DENNIs D. REYNOLDS LAW OFFICE
200 Winslow Way West, Suite 380
Bainbridge Island, WA 98110
(206) 780 =6777, tel / (206) 780-6865, fax
Email: dennispddrlaw.com
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0JAM
DATED this jLday of July, 2017.
DENNIS REYNOLDS LAW OFFICE
CB ( ��
Dennis D. Reynolds, WSBA# 04762
Attorney for Appellants
24 MOTION TO SET HEARING DATE OR,
IN THE ALTERNATIVE, TO SET PRE- HEARING
CONFERENCE - Page 3 of 4
[90260.11
DENNIs D. REYNOLDS LAW OFFICE
200 Winslow Way West, Suite 380
Bainbridge Island, WA 98110
(206) 780 -6777, tel / (206) 780.6865, fax
Email: dennis@addrlaw.com
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CERTIFICATE OF SERVICE
I, the undersigned, hereby certify under penalty of perjury under the laws of the State
of Washington, that I am now, and have at all times material hereto been, a resident of the
State of Washington, over the age of 18 years, not a party to, nor interested in, the above -
entitled action, and competent to be a witness herein.
I caused a true and correct copy of the foregoing pleading to be served this date, in the
manner indicated, to the parties listed below:
David A. Linehan, WSBA #34281
❑ Legal Messenger
Ann Marie J. Soto, WSBA #42911
❑ Hand Delivered
Kenyon Disend, PLLC
❑ Facsimile
11 Front Street South
a-°First Class Mail
Issaquah, WA 98027 -3820
❑ Express Mail, Next Day
(425) 392 -7090, tel / (425) 392 -7071, fax
o'Email
annmarie@kenvondisend.com;
davidgkenvondisend.com;
shervlAkenyondisend.com
Attorneys. for City of Bainbridge Island
DATED at Bainbridge Island, Washington, this 17— day of July, 2017.
MOTION TO SET HEARING DATE OR,
IN THE ALTERNATIVE, TO SET PRE - HEARING
CONFERENCE - Page 4 of 4
[souap
L n(e 4 —�
Jon Brenner
Paralegal
DENNIs D. REYNOLDS LAW OFFICE
200 W�nslow Way West, Suite 380
Bainb 'dge Island, WA 98110
(206),780 -6777, let /(206) 780-6865, fax
Email: dennis@ddrlaw.wm