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Home My WebLink AboutFINAL Rathvon Pre-Hearing OrderPage 1 of 3 Pre-Hearing Order Jefferson County Hearing Examiner Appeal of Rathvon Shoreline Conditional Use Permit Department of Community Development File No. SDP2023-00020 BEFORE THE LAND USE HEARING EXAMINER FOR JEFFERSON COUNTY In re Appeal of Rathvon Shoreline ) Conditional Use Permit ) PRE-HEARING ORDER DCD File No. SDP2023-00020 ) ) The Jefferson County Hearing Examiner held a pre-hearing conference on July 17, 2025 to address deadlines and procedures associated with the Examiner’s review of the captioned appeal of administrative approval of a shoreline conditional use permit, Jefferson County Department of Community Development (“DCD”) File No. SDP2023-00020 dated April 14, 2025 (the “Permit”). The appeal hearing has been continued to September 8-9, 2025, commencing at 9:00 a.m. and concluding no later than 4:30 each day. The hearing will be conducted in a hybrid format. Parties, attorneys, witnesses and members of the public may appear in person at: 1820 Jefferson Street, Port Townsend, WA 98368 First Floor Conference Room Jefferson County Courthouse Parties, attorneys, witnesses and members of the public also may appear online (Zoom) or via telephone (253-215-8782). Jefferson County will disseminate a new Zoom link with public notice of the continued hearing at least ten (10) days prior to September 8, 2025. Review of this appeal shall be conducted pursuant to the Hearing Examiner Code, Chapter 2.30 Jefferson County Code (“JCC”), and the Jefferson County Hearing Examiner Rules of Procedure (“RoP”) dated October 15, 2019. The schedule and procedural rules outlined below apply to the administrative appeal. A. Document Distribution The parties have previously agreed to service by email. All documents required by this Order shall be emailed to the parties at the addresses below. All documents must be received by the due dates set by this order. All email correspondence involving this appeal and hearing examiner staff shall include all email addresses identified below. All emails between the parties and hearing examiner staff will be made exhibits to the appeal hearing, except for any evidence excluded by the Examiner based upon timely objection. Appellants John DiMaggio and Michelle Oliver Represented by Bryan Telegin of Telegin Law PLLC: bryan@teleginlaw.com Page 2 of 3 Pre-Hearing Order Jefferson County Hearing Examiner Appeal of Rathvon Shoreline Conditional Use Permit Department of Community Development File No. SDP2023-00020 Applicant Richard Rathvon Represented by Patrick J. Mullaney of Schwabe Williamson & Wyatt: PMullaney@schwabe.com Julie Wilson-McNerney: jwilsonmcnerney@schwabe.com cc Tara Roberts: TRoberts@schwabe.com Jefferson County Deputy Prosecuting Attorney Ariel Speser: ASpeser@co.jefferson.wa.us Project Planner Donna Frostholm: DFrostholm@co.jefferson.wa.us Clerk of the Hearing Examiner Carolyn Gallaway carolyn@co.jefferson.wa.us Adiel McKnight AFMcKnight@co.jefferson.wa.us B. Witness and Exhibit Lists and Disclosures Each party’s witness and rebuttal witness lists shall include a brief 2-3 sentence summary of the testimony to be provided, along with a general estimate on the length of the testimony. For listed expert witnesses, a summary of education and applicable knowledge/experience shall be included or supported by a CV. Exhibit lists shall list any documents, recordings, videos or photographs that the parties intend on presenting at the appeal hearing. No exhibits or witness testimony beyond those identified in the witness and exhibit lists and rebuttal witness and exhibit lists will be admitted unless necessary for reasonably unanticipated rebuttal or for other good cause. Exhibits not already distributed must be exchanged contemporaneously with the final exhibit and rebuttal exhibit lists and may be distributed by email. C. Hearing Format The appeal hearing will be conducted as an open record hearing in accordance with Jefferson County Code (JCC) 2.30.090. Public comment and testimony shall be permitted. Per RoP 5.1(a): Every party of record shall have the right to present evidence and testimony at open record hearings. The right of parties of record to cross-examine, object, and submit motions shall be at the discretion of the examiner during public hearings. The examiner may impose reasonable limitation on the number of witnesses heard and the length of their testimony. At the examiner' s discretion, irrelevant or unduly repetitious testimony may be excluded or bypassed. Disruptive persons may be excluded from the public hearing, consistent with applicable county, state, and federal laws. Page 3 of 3 Pre-Hearing Order Jefferson County Hearing Examiner Appeal of Rathvon Shoreline Conditional Use Permit Department of Community Development File No. SDP2023-00020 The order of presentation at the appeal hearing shall be as prescribed in RoP 5.11, modified as follows: 1. Jefferson County Presentation of Staff Report (not subject to cross-examination) 2. Appellants’ presentation of testimony and evidence, cross-examination by parties of record and re-direct 3. County presentation of testimony and evidence, cross-examination by parties of record and re-direct 4. Applicant presentation of testimony and evidence, cross-examination by parties of record and re-direct 5. Public comment and testimony as authorized by open record hearing procedures 6. Appellants’ rebuttal 7. The parties shall submit written closing arguments by a deadline to be established prior to close of the hearing. Page limits will be discussed at that time. D. Schedule 08/15/25 Revised Witness and Exhibit Lists due (per Section B above) 08/22/25 Rebuttal Witness and Exhibit Lists due 08/29/25 Pre-Hearing Briefs due (Optional); 25-page limit 09/04/25 Motions in Limine due 09/08/25 Appeal Hearing commences at 9:00 a.m. TBD Written Closing Arguments due E. Site Visit The Hearing Examiner will conduct a site visit prior to the appeal hearing. The Examiner will request the guest gate code for access to the applicant’s property and will advise the parties of date for site visit in advance. The Examiner will prepare a brief site visit memorandum setting forth her observations, which will be included in the record. SO ORDERED this 23rd day of July, 2025 ________________________________ Stephanie E. Marshall Jefferson County Hearing Examiner