HomeMy WebLinkAboutCL 2025 08 15 Witness and Exhibit List.doc FinalJEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST Page 1 of 4 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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BEFORE THE LAND USE HEARING EXAMINER
IN AND FOR JEFFERSON COUNTY
In re Appeal of Rathvon Shoreline
Conditional Use Permit, DCD File No.
SPD2023-00020
JEFFERSON COUNTY’S
WITNESS AND EXHIBIT LIST
Respondent Jefferson County submits the following final witness and exhibit
lists which may be used at hearing.
I.WITNESS LIST
In preparation for the hearing, Jefferson County provides the following list
of witnesses. Jefferson County reserves the right to amend this witness list as
appropriate and to call as a witness any witness identified by the Appellant or
Applicant in their initial, final or rebuttal witness lists. Jefferson County further
reserves the right to offer rebuttal witnesses as permitted by the Hearing
Examiner. Jefferson County also reserves the right to object to any witnesses
offered by any party.
1.Donna Frostholm. Estimated time 1 hour. DCD Lead Associate
Planner and Wetlands Specialist. General subject of testimony includes principal
planner on project. Witness may introduce County’s proposed exhibits #1 through
#17, including the witness’s primary staff report (exhibit #12).
2.Greg Ballard. Estimated time 30 minutes. DCD Code Administrator.
General subject of testimony includes personal knowledge of case, as well as
position in a supervisory capacity, knowledge of local codes and regulations, and
industry practices. Witness may introduce County’s proposed exhibits #18 through
CA received 08/15/25
EXHIBIT CL
JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST Page 2 of 4 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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#26.
II.EXHIBIT LIST
In preparation for the hearing, Jefferson County provides the following list
of exhibits. Jefferson County reserves the right to add or delete exhibits from this
list as appropriate and to offer into evidence any exhibit identified by the Appellant
and Applicant in their exhibit lists. Jefferson County further reserves the right to
offer rebuttal exhibits as permitted by the Hearing Examiner. Jefferson County
also reserves the right to object to the admissibility of exhibits and evidence
submitted by other parties in this proceeding.
Most of Jefferson County’s exhibits have already been provided in the
Preliminary Exhibit List. These include DCD’s Exhibit Numbers 01 through 15
submitted previously by DCD and also affirmed in the County’s initial Exhibit List
filed July 11, 2025. DCD Parties of Record is already submitted in the record, but
not labeled with an exhibit number. The County recommends this be CL16.1
New exhibits include:
•Exhibit Number: CL17. Notice of Application (Application Date August 28,
2024). This does not appear to be previously included in DCD’s Exhibit 13.
Including for complete record regarding Notice;
•Exhibit Numbers CL18-CL25. These are historical deeds, survey, and easement
documents, demonstrating Twana Way is a pre-existing road and the access road for the
Applicant’s property; and,
•Exhibit Number: CL26. Email from Geoff Malick to Dan McShane on
February 12, 2025 sent to Code Administrator Greg Ballard on February 17,
2025.
A. Declaration pursuant to Hearing Examiner Rule 2.3
Notice requirement 2.3 of the Hearing Examiner Rules sets forth guidance regarding a
“declaration” attesting to the notice given of the hearing, including dates and places of
CA received 08/15/25
EXHIBIT CL
JEFFERSON COUNTY’S WITNESS AND
EXHIBIT LIST Page 3 of 4 Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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publication, persons and addresses noticed, and lists of addresses for adjacent property owners
shall be part of the record for each case. Donna Frostholm did provide a Rathvon parties of
record by DCD, which is in the Laserfiche. The County kindly recommends this be labeled as
an Exhibit Number 16. Additionally, the County kindly requests leave to file Ms. Frostholm’s
declaration pursuant to Hearing Examiner Rule 2.3 on August 18, 2025, as Ms. Frostholm has
been out of the office and unavailable for the past two weeks.
DATED this 15th day of August, 2025.
JAMES KENNEDY
Jefferson County Prosecuting Attorney
Ariel Speser, WSBA #44125
Deputy Prosecuting Attorney
CA received 08/15/25
EXHIBIT CL
CERTIFICATE OF SERVICE
The undersigned declares under penalty of perjury, under the laws of the
State of Washington that the following is true and correct:
I hereby certify that on the 15th day of August, 2025, I caused to be served
the foregoing Jefferson County’s Witness and Exhibit List on the following parties
via E-Mail:
The Jefferson County Office of the
Hearing Examiner:
Attorney for Appellants John
DiMaggio and Michelle Oliver:
Carolyn Gallaway Hearing Examiner Clerk Carolyn@co.jefferson.wa.us
Bryan Telegin Telegin Law PLLC 216 6th Street Bremerton, WA 98337 bryan@teleginlaw.com jamie@teleginlaw.com
Adiel F. McKnight Deputy Clerk of the Board, CMC afmcknight@co.jefferson.wa.us
Attorneys for Applicant:
Patrick J. Mullaney Schwabe, Williamson & Wyatt, P.C. 1420 5th Avenue, Suite 3400 Seattle, WA 98101 pmullaney@schwabe.com
Attorneys for Applicant:
Julie Wilson-McNerney Schwabe, Williamson & Wyatt, P.C. 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Jwilson-mcnerney@schwabe.com
_____________________________Laura MikelsonParalegal
CA received 08/15/25
EXHIBIT CL