HomeMy WebLinkAboutExhibit 59 Motion to Continue Hearing FinalLAW OFFICES
GORDON THOMAS HONEYWELL LLP
600 University St., Suite 2430
Seattle, WA 98101
(206) 676-7500 - FACSIMILE (206) 676-7575
MOTION TO CONTINUE HEARING - PAGE 1 OF 5
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BEFORE THE JEFFERSON COUNTY HEARING EXAMINER
In the matter of Unit Lot Subdivision
Application Submitted by
HABITAT FOR HUMANITY OF EAST
JEFFERSON COUNTY
Parcel No. 901-023-007 (Port Hadlock)
Project File No. SUB2025-00012
MOTION TO CONTINUE HEARING
On behalf of the Applicant, Habitat for Humanity of East Jefferson County
(“Applicant”), we hereby request the Hearing Examiner to consider and approve a continuance
of the September 26, 2025 hearing on the record at said hearing.
I.FACTUAL BACKGROUND
Counsel for Applicant appeared in this case on September 17, 2025, and on that date
contacted and spoke with representatives from the Jefferson County Prosecutor’s Office. Of
principal concern were the items noted in the Hearing Examiner’s September 4, 2025 Status
Conference Order. There is already a voluminous record to review and digest before continuing
the hearing in this matter, and counsel requires additional time to do so.
With regard to fire safety, the Applicant intends to work with the County and Fire
Marshal to address the Hearing Examiner’s request for additional information, which may
include supplemental materials and/or testimony for the Hearing Examiner’s consideration at
a forthcoming hearing. In particular, we hope to provide a level of analysis that is appropriate
to this stage of the application process.
With regard to off-site state highway impacts, and the intersection of SR 19 and SR
116 in particular, the Applicant requires more time to confer with the Washington State
Department of Transportation (WSDOT) to finalize an agreed upon mitigation condition. The
RECEIVED 09/19/25
EXHIBIT 59
LAW OFFICES
GORDON THOMAS HONEYWELL LLP
600 University St., Suite 2430
Seattle, WA 98101
(206) 676-7500 - FACSIMILE (206) 676-7575
MOTION TO CONTINUE HEARING - PAGE 2 OF 5
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Applicant and WSDOT are agreed in principal, but in lieu of a generalized condition that leaves
specifics for a later date, the Applicant is working with WSDOT to prepare something with an
appropriate level of detail to incorporate into the record. WSDOT’s reviews are anticipated to
require 3 weeks per submittal. Of course, we hope to get everything right the first time, but in
an abundance of caution, the Applicant believes six weeks would be appropriate.
The Applicant and counsel would also appreciate time to consider the other
comments/requests in the Hearing Examiner’s September 4, 2025 Status Conference Order,
including the level of detail needed for approval of this application.
Based on the foregoing, the Applicant believes a continuance until the week of
November 3, 2025 is appropriate.
II. EVIDENCE RELIED UPON
Applicant relies upon the facts and arguments stated herein. In so far as necessary to
support the requested relief, please consider this Motion to be a declaration of the stated facts
by Dean Williams, counsel for Applicant, who attests to these facts below.
III. ARGUMENT
Good Cause. Pursuant to Hearing Examiner Rule of Procedure 2.2, the Hearing
Examiner may grant a continuation or postponement of a hearing based on a showing of good
cause. Applicant believes the appearance of counsel, which Applicant has not had the benefit
of in this matter previously, together with the detailed September 4, 2025 Order setting forth
the Hearing Examiner’s expectations, demonstrates good cause to continue the hearing.
Continuances are a rather ordinary course when new counsel appears in a case,
particularly when there will not be prejudice to any parties thereto. This project is large in
scope for Jefferson County, utilizes a relatively unique application set, and will provide sorely
needed affordable housing opportunities to the local community. These factors warrant
additional time to ensure that counsel will be prepared to address any questions the Hearing
RECEIVED 09/19/25
EXHIBIT 59
LAW OFFICES
GORDON THOMAS HONEYWELL LLP
600 University St., Suite 2430
Seattle, WA 98101
(206) 676-7500 - FACSIMILE (206) 676-7575
MOTION TO CONTINUE HEARING - PAGE 3 OF 5
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Examiner may have at the hearing, in addition to preparing witnesses and written materials for
presentation.
The Hearing Examiner’s September 4, 2025 Order is also very detailed, which
necessitates similarly detailed responses to address each of the Examiner’s concerns. Work has
already begun on these materials, but additional time is needed while Applicant works with
the relevant parties.
Format of Continuance. In consideration of the County’s procedures, the Applicant
requests the Hearing Examiner to convene the scheduled hearing on September 26, 2025, and
consider and approve the continuance on the record. Pursuant to Jefferson County
Code 2.30.090(4), “If the date, time, and place at which the continued hearing will be held is
announced publicly at the hearing from which the continuance is made, then no further notice
of the continued hearing is required.” The County has already noticed the September 26, 2025
hearing in the local newspaper. Considering this Motion on the record will afford the parties
the opportunity to confer regarding schedules and times for a November hearing, as well as
allow any members of the public to observe and listen to these scheduling efforts.
IV. CONCLUSION AND REQUEST FOR RELIEF
There is good cause to warrant a continuance of this matter of six weeks, to the week
of November 3, 2025. The Applicant will be prepared to address the entirety of the Hearing
Examiner’s September 4, 2025 Order at that time. It is hereby requested that the Hearing
Examiner convene the September 26, 2025 hearing for the purpose of considering this Motion
and scheduling another hearing date.
I, Dean Williams, am over the age of 18, am competent to testify, and have personal
knowledge of the matters stated herein. I hereby declare under penalty of perjury under the law
of Washington that the foregoing is true and correct.
RECEIVED 09/19/25
EXHIBIT 59
LAW OFFICES
GORDON THOMAS HONEYWELL LLP
600 University St., Suite 2430
Seattle, WA 98101
(206) 676-7500 - FACSIMILE (206) 676-7575
MOTION TO CONTINUE HEARING - PAGE 4 OF 5
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DATED this 19th day of September, 2025, in Renton, Washington.
GORDON THOMAS HONEYWELL LLP
By:
Dean Williams, WSBA #52901
Attorneys for Applicant Habitat for
Humanity of East Jefferson County
25-09-19 Motion to Continue Hearing Final
RECEIVED 09/19/25
EXHIBIT 59
LAW OFFICES
GORDON THOMAS HONEYWELL LLP
600 University St., Suite 2430
Seattle, WA 98101
(206) 676-7500 - FACSIMILE (206) 676-7575
MOTION TO CONTINUE HEARING - PAGE 5 OF 5
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DECLARATION OF SERVICE
I, Benita K. Lamp, am a resident of the State of Tennessee, over the age of 18 and
hereby state that on this date, I caused to be served a true and correct copy of the foregoing
MOTION TO CONTINUE HEARING, upon all counsel and parties of record at their
addresses and in the manner listed below.
Carolyn Gallaway, Clerk
Adiel F. McKnight, Deputy Clerk
Jefferson County Board of County
Commissioners
Via E–Mail:
carolyn@co.jefferson.wa.us
AFMcKnight@co.jefferson.wa.us
Mo-chi Lindblad, Primary Planner
Greg Ballard, Code Administrator
Jefferson County Department of
Community Development
Via E–Mail:
MLindblad@co.jefferson.wa.us
GBallard@co.jefferson.wa.us
Ariel Speser
Civil Deputy Prosecuting Attorney
Jefferson County
Via E–Mail:
aspeser@co.jefferson.wa.us
I declare under the penalty of perjury under the laws of the State of Tennessee that the
foregoing is true and correct.
DATED this 19th day of September, 2025, in Nolensville, Tennessee.
BENITA K. LAMP
RECEIVED 09/19/25
EXHIBIT 59