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Powers & Therrien (Diane Sires)
Sent:
Subject:
"AI Scalf' <ascalf@co.jefferson.wa.us>
"Powers & Therrien" <powers_therrien@yvn.com>
"Elizabeth Van Zonneveld" <evz@cablespeed.com>; <LewisHale@aol.com>; "Rick Rozzell"
<rr2dp@aol.com>
Friday, October 27,20069:01 AM
RE: LUPA Petition
From:
To:
Cc:
Les
From the land use procedures ordinance:
A application involving two or more permits, at the request of a applicant can be consolidated into a single
process. Use the highest procedure.
So everything is a type C. The request to amend the development agreement and the shoreline permit
application.
TYPE C
BOCC decision based upon a recommendation from the Hearing Examiner who conducts a open record public
hearing.
Effect of decision: "The decision of the Board of County Commissioners shall be the final decision of the County
on the application unless, within twenty-one (21) calendar days after issuance of a decision, an appeal is filed in
Superior Court in accordance with Chapter 36.70C HCW."
So I suggest you wait to see what the BOCC does. The BOCC will conduct their own public hearing on the TYPE
C. They will approve or deny. Once the BOCC decides DCD will issue the BOCC decision with the 21 day
appeal notice to Superior Court. Any party of record can appeal under LUPA: the development agreement
decision. the shoreline permit decision, the environmental review, any procedural concern, etc., etc.
AI
----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Wednesday, October 25,20064:55 PM
To: AI Scalf
Cc: Powers & Therrieni Elizabeth Van Zonneveldi LewisHale@aol.comi Rick Rozzell
SUbject: Re: LUPA Petition
AI:
If you can confirm this, I will of course drop the LUPA claims. I am not interested in fighting issues that are
not currently before me and remain open on appeal when the final decision is made as to the substantive
proposal and the SSDP. I would appreciate a response at your earliest convenience.
Thanks for the update.
Les
--- Original Message --
From: AI Scalf
To: Powers & Therrien
Sent: Wednesday, October 25,20064:41 PM
Subject: RE: LUPA Petition
LOGtEM
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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,' 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 pE~riod would open up for any and all
aspects of the proposal. This appeal right is direct to Superior Court.
your thoughts,
AI
-----Original Message----
Frorn: Powers & Therrien [mailto:powers_therrien@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 DCD's decision
of October 2, 2006, that 'lost my SEPA appeal rights by not appealing the 2005 MONS in August,
2005 and I was at the 21st day from that decision, I filed a protective LUPA Petition. '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 MDNS as compliance with SEPA for MLA
06-00221 or the procedural decision that my failure to file an administrative appeal on the MONS
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 received no response and simply ran out of time. '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 MDNS 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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LOG ITEM
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