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Barbara Nig~ale
From:
Sent:
To:
Cc:
Subject:
David Alvarez
Wednesday, November 01, 2006 8:28 AM
'Powers & Therrien'; John Fischbach
de Sa e Silva, Marco; Don Marcy; AI Scalf; Barbara Nightingale
RE: Port Ludlow Associates: Letter in Response to Powers Request for Continuance of
November 3 Hearing
Les:
My point was not to shut out your opportunity to speak. Instead, it was to get this
process back to the long-established process where parties don't talk to the Judge, here
the Hearing Examiner.
You will have the opportunity to make any statements you want, either orally or in
writing, at the hearing. That is the proper place and time to explain your position.
The process is set up to have DCD be the recipient of all statements, legal arguments,
photos, etc. What is submitted to DCD then goes to the Hearing Examiner.
Think about regular Superior Court. In regular Superior Court you never address a letter
or an argument to the Judge, always to the Clerk of the Court. DCD is the Clerk for the
Hearing Examiner.
I am simply asking you to follow the normal process.
David Alvarez
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Tuesday, October 31, 2006 5:30 PM
To: David Alvarez
Cc: Powers & Therrieni Al Scalf
Subject: Re: Port Ludlow Associates: Letter in Response to Powers Request for Continuance
of November 3 Hearing
David:
I dissent. Since Marco's letter strayed from the narrow issue that I raised, namely
whether the hearing should be deferred until the Court hears arguments on my motion for
stay, and because Marco's letter contains misstatements of fact and law, I reserve the
right to circulate an response.
As I noted to AI, ex parte communications are those not circulated to all of the parties
as well as the tribunal. That is not here the case either with respect to my initial
letter, Marco's response, your response, or any rebuttal I may wish to submit.
Les
Original Message -----
From: "David Alvarez" <dalvarez@co.jefferson.wa.us>
To: "Powers & Therrien" <powers therrien@yvn.com>i "de Sa e Silva, Marco"
<MarcodeSaeSilva@DWT.COM>i "AI Scalf" <ascalf@co.jefferson.wa.us>i "Barbara Nightingale"
<bnightingale@co.jefferson.wa.us>i "Christina Allen"
<C.Allen@mchlawoffices.com>
Cc: "Don Marcy" <DMarcy@Cairncross.com>
Sent: Tuesday, October 31, 2006 5:12 PM
Subject: RE: Port Ludlow Associates: Letter in Response to Powers Requ~~t!~K Continuance
of November 3 Hearingfl i,_~\"!
it l_~l..c:r.,.P"'-
:: :::8 c:::::::~one has had one opportunity to write to Mr Pc~eal-- 3-
We have a level playing field in that regard. There is no authority or reason for any
more correspondence to go to Mr. Causseaux prior to the hearing. Each time a letter goes
1
t~ him it costs the County m~y since we pay Mr. Causseaux an~OUrlY rate.
I am not clear from the last
Causseaux again or simply to
latter route seems unlikely.
intends to do and if so then
Causseaux again, that second
letters.
e-mail from Mr. Powers if he intends to write to Mr.
Mr da Sa e Silva, although the
I may be misunderstanding what Mr. Powers
I apologize. But if Mr. Powers intends to write Mr.
letter will only escalate into a never ending flurry
of
This must not happen as it would represent yet another ex parte
communication. The only reason that the applicant and the County wrote
to Mr. Causseaux was because Mr. Causseaux specifically asked for a response from us. The
County sees no reason to pay for Mr. Causseaux to read any more letters that attempt to
"try" the substance of the case prior to the hearing.
If there is any additional correspondence to Mr. Causseaux or his office before the
hearing date of November 3, 2006 relating to the topic of that November 3 hearing, I am
instructing Mr. Causseaux's office to not open the letter or e-mail and to return same to
its sender.
Comment letters can be sent to DCD in accordance with whatever deadline was established
for such comments. That is the proper avenue for comments, concerns, legal arguments,
photographs, etc.
David Alvarez
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Tuesday, October 31, 2006 5:00 PM
To: de Sa e Silva, Marco; Al Scalf; Barbara Nightingale; Christina Allen
Cc: Don Marcy; David Alvarez; lyn.keenan@cendant-trg.com; Diana Smeland; Randy Verrue
(HCV); Troy Crosby (HCV); Helm, Wayne; mdorsey@portludlowassociates.com
Subject: Re: Port Ludlow Associates: Letter in Response to Powers Request for Continuance
of November 3 Hearing
Dear Mr. De Sa e Silva:
I will respond specifically to your letter and exchange that response tomorrow.
Les Powers
----- Original
From: "de Sa e
To: "AI Scalf"
Allen"
<C.Allen@mchlawoffices.com>
Cc: "Les Powers" <powers_therrien@yvn.com>; "Don Marcy"
<DMarcy@Cairncross.com>; "David Alvarez" <dalvarez@co.jefferson.wa.us>;
<lyn.keenan@cendant-trg.com>; "Diana Smeland"
<DSmeland@portludlowassociates.com>; "Randy Verrue (HCV)"
<r_verrue@hcvpartners.com>; "Troy Crosby (HCV)"
<t_crosby@hcvpartners.com>;
"Helm, Wayne" <wayne.helm@cendant-trg.com>; <mdorsey@portludlowassociates.com>
Sent: Tuesday, October 31, 2006 4:07 PM
Subject: Port Ludlow Associates: Letter in Response to Powers Request for Continuance
November 3 Hearing
Message -----
Silva, Marco" <MarcodeSaeSilva@DWT.COM>
<ascalf@co.jefferson.wa.us>; <bnightingale@co.jefferson.wa.us>;
"Christina
of
Dear AI, Barbara, and Christina: I am attaching the response of PLA and
Trendwest to Mr. Powers' October 27 request for a continuance of the
November 3 hearing before Mr. Causseaux. Christina, please deli vert {')("'
copy of the letter to Mr. Causseaux. Thanks very much. .......'.
Marco de Sa e Silva I Davis Wright Tremaine LLP
1501 4th Avenue, Suite 2600 I Seattle, WA 98101
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c. Ci~".~__
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Tel: (206) 628-7766 I Fax: (206)
Email: marcodesaesilva@dwt.com I
628-7699
Website: www.dwt.com
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...
Anchorage
I Seattle
Bellevue I Los Angeles I New York I Portland I San Francisco
Washington, D.C.
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