2017-01-29 MOTION FOR EXPEDITED HEARING DATE1
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BEFORE THE CITY OF BAINBRIDGE ISLAND
OFFICE OF HEARING EXAMINER
CRYSTAL and YURIE RICH,
Appellants,
V.
CITY OF BAINBRIDGE ISLAND, acting
through its Department of Planning and
Community Development,
No. PLN50468 VEG
MOTION FOR EXPEDITED HEARING
DATE
Crystal Rich and Yurie Rich, Appellants herein, pursuant to the Rules of the Examiner
Section 5 (General Duties of Presiding Office), and Rule No. 2.1 (Expeditious Hearings),
hereby requests an expedited hearing by special setting for a time convenient for the
Examiner and the City in the first week of February 2017. This motion is based upon the
records and files herein and the Declaration of Crystal Rich submitted herewith which show
an emergency exists requiring the prompt attention of the Examiner. This matter is an appeal
of an Administrative Decision. As a closed record public hearing, the only parties are Ms.
Crystal Rich and Mr. Yurie Rich (Applicants /Appellants) and the City. BIMC § 2.16.020.P.
Thus, it appears that the procedure set out in BIMC § 2.16.020.K.6.a for an application which
requires a public hearing with a 15 -day public notice does not apply, and the parties can set
the open record hearing on any date they desire. It is noted that BIMC § 2.16.020.P does not
MOTION FOR EXPEDITED HEARING DATE - 1 of 3 200 Winslow sl REYNOLDS LAS OFFICE
200 Winslow Way West, Suite 380
[90373 -1] Bainbridge Island, WA 98110
(206) 780 -6777
(206) 780 -6865 (Facsimile)
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specify any explicit or special notice that must be issued to set a hearing on an appeal of an
Administrative Decision, nor does it set out a time period for the notice of hearing. BIMC §§
2.16.020.K.6 alludes to a requirement that "...the Hearing Examiner shall provide notice of an
appeal hearing as provided in this subsection K.6.b, and shall provide public notice for any
other public hearing by ..." Thereafter referenced language for "any other public hearing"
states:
i. Posting notice in the official posting places of the city, including the
city website; and
ii. Publishing notice in the official newspaper of the city at least 14
days prior to the hearing or as otherwise provided by law; and
iii. Distributing notice to the applicant and appellant, if applicable; and
iv. Distributing written notice to property owners at addresses listed on
the property tax records of Kitsap County within 500 feet of any
boundary of the subject property and including any property within
500 feet of any contiguous property in the applicant's ownership; and
v. Distributing notice to any person who has submitted a written
request for notice of the hearing; and
vi. Posting the subject property in a manner prescribed by the city.
(BIMC § 2.16.020.K.6.b.i -vi.)
Thus, it seems that all that is required as to provide notice to the "Applicant and
Appellant" to the expedited hearing date.
DATED this %A' fay of January, 2017.
DENNIS D. REYNOI DS LAW OFFICE
By
Dennis D. Reynolds, WSBA #04762
Attorneys for Appellants Crystal and Yurie Rich
MOTION FOR EXPEDITED HEARING DATE - 2 of 3
[90373 -11
DENNIs D. REYNOLDS LAW OFFICE
200 Winslow Way West, Suite 380
Bainbridge Island, WA 98110
(206) 780 -6777
(206) 780 -6865 (Facsimile)
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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:
James E. Haney, WSBA #11058
Meghan B. Frazer, WSBA 440768
Ogden Murphy Wallace, PLLC
901 Fifth Avenue, #3500
Seattle, WA 98164 -2008
(206) 447 -7000, tel / (206) 447 -0215, fax
6haneyLyoinw.law.cGin; rnfrazer a omwlaw.corn;
gzak(ci?ol7zty l,1 w.com
Attorneys for City o f Bainbridge Island
Joseph Levan
City of Bainbridge Island
280 Madison Ave. North
Bainbridge Island, WA 98110
(206) 780 -8622
jlevan@bainbridgewa.gov
City Attorney
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Legal Messenger
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DATED at Bainbridge Island, Washington, this 2-- � day of January, 2017,
Jodi Brenner
Paralegal
MOTION FOR EXPEDITED HEARING DATE - 3 of 3
[90373 -1]
DENNIS D. REYNOLDS LAW OFFICE
200 Winslow Way West, Suite 380
Bainbridge Island, WA 98110
(206) 780 -6777
(206) 780 -6865 (Facsimile)