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Home My WebLink AboutLog176 . I # Barbara Ni~htingale From: Sent: To: Cc: Subject: Randy Verrue [r_verrue@hcvpartners.com] Monday, October 30, 2006 12: 15 PM de Sa e Silva, Marco; David Alvarez; AI Scalf; Barbara Nightingale Mark Dorsey; Diana Smeland; Troy Crosby; Don Marcy RE: Powers v. Jefferson County & Port Ludlow Associates LLC Marco: Thanks for the outline of the action that Los Powers has taken. I agree that the hearing should go forward as scheduled. As an aside when I was in Port Ludlow last week Powers was having dinner with his wife and Elizabeth and John Van Z in the Fireside Restaurant. I spoke to them and Les pulled me aside and indicated that he wanted to meet with me during the Thanksgiving week to "settle all issues". I am not sure if this is possible but I plan to meet with him and see if this can be accomplished. Good luck with your telephone call later today. me. Randy Let me know if you need anything from -----Original Message----- From: de Sa e Silva, Marco [mailto:MarcodeSaeSilva@DWT.COM] Sent: Mon 10/30/2006 11:28 AM To: David Alvarezi Al Scalfi bnightingale@co.jefferson.wa.us Cc: Mark DorseYi Diana Smelandi Randy Verruei Troy CrosbYi Don Marcy Subject: FW: Powers v. Jefferson County & Port Ludlow Associates LLC Dear Al and Barbara: Don Marcy and I discussed the Powers appeal with David Alvarez on Friday. In my view, the County's decision to use the 2005 MDNS was correct -- no adoption, incorporation by reference, addendum, or other new SEPA decision is required under WAC 197-11-600(3) and 197-11-600(4). In fact, WAC 197-11-600(3) expressly requires the County to use the 2005 MDNS unchanged because the County is acting on the same proposal that it evaluated in 2005. Powers has not yet asked the Court for a hearing on his request for a stay. Without either a Court order staying the procedings or a reasonable basis on which to believe the County's decision was mistaken, the hearing should proceed as scheduled. In addition, there are several procedural reasons why I believe the Powers appeal will be dismissed at the initial hearing in Superior Court: * The appeal is untimely because it was commenced more than 21 days after Powers received notice of the County's decision to use the 2005 MDNSi * Powers failed to exhaust administrative remedies prior to commencing his LUPA appeal by appealing the County's decision to the hearing examiner, his administrative remedy under LUAPOi * SEPA forbids orphan SEPA appeals -- the appeal of a SEPA procedural decision must be linked to the appeal of a substantive decision -- and the Powers LUPA appeal relates to a SEPA procedural decision onlYi and * Powers failed to name and serve Trendwest, the co-applicant for the shoreline permit, in violation of RCW 36.70C.040(2) (b) (i). Don Marcy and I will submit a more thorough analysis of these issues prior to the November 3 hearing. In the meantime, unless the Court stays the hearing, it should be held as scheduled. Thanks very much for your consideration. Marco de Sa e Silva I Davis Wright Tremaine LLP 1501 4th Avenue, Suite 2600 I Seattle, WA 98101 Tel: (206) 628-7766 I Fax: (206) 628-7699 1 LOG # -I..7.!-'~-~>~" oage,+~.._, ') , . Email: marcodesaesilva@dwt.com www.dwt.com <http://www.dwt.com/> . <mailto:marcodesaesilva@~.com> I Website: Anchorage I Bellevue I Los Angeles I New York I Portland I San Francisco I Seattle I Washington, D.C. From: Powers & Therrien (Diane Sires) [mailto:powers_therrien@yvn.com] Sent: Monday, October 30, 2006 9:58 AM To: de Sa e Silva, Marco Subject: Fw: Powers v. Jefferson County & Port Ludlow Associates LLC Copy FYI Diane Sires Legal Assistant POWERS & THERRIEN, P.S. 3502 Tieton Drive Yakima, WA 98902 Ph (509)453-8906 Fx (509)453-0745 This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Section 2510-2521 and is legally privileged. This message and any attachments hereto is intended only for the use of the person named above. If you are not that person, you are hereby notified that any dissemination, distribution or copying of this email message other than to the addressee is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this email from your computer. To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter. Original Message ----- From: Powers & Therrien (Diane Sires) <mailto:powers_therrien@yvn.com> To: Ai Scalf <mailto:ascalf@co.jefferson.wa.us> Cc: Powers & Therrien <mailto:powers_therrien@yvn.com> Sent: Friday, October 27, 2006 2:46 PM Subject: Fw: Powers v. Jefferson County & Port Ludlow Associates LLC Ai: I have asked Mr. Causseaux to look into this matter. I request that the hearing scheduled for November 3d be set over until you have responded to my inquiry with confirmation that I have administrative and/or judicial appeal rights either on the substantive threshold decision to rely on the MDNS from SUB05-00221 to comply with MLA06-00221 or the procedural decision to deny me administrative appeal rights. Your responses to me do not address my SEPA rights. I renew my request for a direct response to my question. I think my request is appropriate considering the rescheduling of this hearing for a failure by PLA to post proper notice of the hearing scheduled in September on the property. The notice deficiencies that I have raised are clearly as important as the posting of the property. 2 LO~\TEM #_ {7 Page _ .?---= of:;5 Les Powers I POWERS & THERRIEN, P.S. 3502 Tieton Drive Yakima, WA 98902 Ph (509)453-8906 Fx (509)453-0745 I This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Section 2510-2521 and is legally privileged. This message and any attachments hereto is intended only for the use of the person named above. If you are not that person, you are hereby notified that any dissemination, distribution or copying of this email message other than to the addressee is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this email from your computer. To ensure compliance with requirements imposed. by the IRS, we inform you that any U.S. federal tax advice contained in this communication was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the . Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter. Original Message ----- From: Powers & Therrien (Diane Sires) <mailto:powers_therrien@yvn.com> To: Stephen Causseaux <mailto:c.allen@mchlawoffices.com> Cc: Powers & Therrien <mailto:powers_therrien@yvn.com> Sent: Friday, October 27,2006 3:45 PM Subject: Powers v. Jefferson County & Port Ludlow Associates LLC Mr. Causseaux: Please find attached correspondence from Les Powers for your information. Diane Sires Legal Assistant POWERS & THERRIEN, P.S. 3502 Tieton Drive Yakima, WA 98902 Ph (509)453-8906 Fx (509)453-0745 This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Section 2510-2521 and is legally privileged. This message and any attachments hereto is intended only for the use of the person named above. If you are not that person, you are hereby notified that any dissemination, distribution or copying of this email message other than to the addressee is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this email from your computer. To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii). promoting, marketing or recommending to another person any tax-related matter. LOG ITEM # (7h Page -s ot~ 3