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Powers & Therrien (Diane Sires)
From:
To:
Sent:
Subject:
"AI Scalf' <ascalf@co.jefferson.wa.us>
"Powers & Therriem" <powers_therrien@yvn.com>
Wednesday, October 25,20064:41 PM
RE: LUPA Petition
Les
Last week, I sent yOur review/request to David Alvarez for legal consultation. He hasn't commented yet. You filed
the LUPA, I understand you are protecting your appeal rights. However, I tend to think the appeal period is still in
front of you. After the Hearing Examiner makes a recommendation, the BOCC will make a decision to approve
or deny, then a appeal period would open up for any and all aspects of the proposal. This appeal right is direct to
Superior Court.
your thoughts,
AI
----Original Message-----
From: Powers & Therrien [mailto:powers_therriel1@yvn.com]
Sent: Monday, October 23,200612:48 PM
To: AI Scalf
Cc: Powers & Therrien
Subject: LUPA Petition
AI:
Because no one responded to provide me with information on my right to appeal DC D's decision of
October 2, 2006, that 1 lost my SEPA appeal rights by not appealing the 2005 MONS in August, 2005 and I
was at the 21 st day from that decision, I filed a protective LUPA Petition. I would prefer to withdraw the
filing if your office can assure me that I will be given the right administratively to appeal either the
substantive decision to use the 2005 MONS as compliance with SEPA for MLA 06-00221 or the procedural
decision that my failure to file an administrative appeal on the MDNS in August 2005 in respect of SUB05-
00004 substantively terminated my SEPA rights under MLA06-00221. I asked you to respond by October
18th. You said that you would respond last week. I re-ceived no response and simply ran out of time. I
again ask that you provide me the opportunity for an administrative appeal and an official notice of what I
consider a threshold determination to rely on the 2005 MONS without further mitigation to reflect AHE
Galt's decision respecting the type of use that is associated with a Trend West project.
Les Powers
Powers & Therrien, P.S.
3502 Tieton Drive
Yakima, WA 98902
Phone: 509-453-8906
Fax: 509-453-0745
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