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Barbara Nightingale
From: Powers & Therrien [powers_therrien@yvn.com]
Sent: Saturday, November 11, 2006 12: 50 PM
To: Barbara Nightingale; David Alvarez
Cc: Powers & Therrien; LewisHale@aol.com
Subject: Alvarez Opinion
Barbara, Daviid:
You publicly stated that you relied upon the opinion of counsel, of Mr. Alvarez, as to the position that the
Development Agreement could be amended so as to effect an amendment as to the permitted land use of Ludlow
Cove II. The position that DCD urges conflicts the final decision of Jefferson County set forth in Mr. Galt's opinion
on Ludlow Cove II of December 7, 2005. Please send me a copy of the opinion and of all memoranda, research,
communication within Jefferson County and to the applicant, Trend West or their respective counsel, notes,
information and advice whether preserved physically or electronically, relating to the opinion and its solicitation. I
make this request under the FOIA. Please understand that your disclosure that you and DCD relied on the
opinion for a proposition that you articulated vitiates all privilege associated therewith. If there are any items that
David believes are privileged despite your disclosure, please produce a log thereof identifying the specific
document, its date, the party sending and the party receiving same. I would prefer not to litigate this issue but will
not hesitate to do so if I do not receive the requested information. I think it is significant here that Mr. McKenna,
the Washington State Attorney General has publicly announced that he favors full disclosure by the government
to requests by citizens. The opinion is relevant to the current hearing' examiner and lam hereby requesting that
all of the information requested hereby. If DCD relies upon such opinion without regard to its obvious conflict with
Chapters 36.70A and 36.70B, RCW, I am entitled to full disclosure thereon and the hearing examiner should have
such disclosure to assist in his review of the subject proposal.
Your assistance is appreciated. Please add this letter to the log for MLA06-00221.
Les Powers
Powers & Therrien, P.S.
3502 Tieton Drive
Yakima, WA 98902
Phone: 509-453-8906
Fax: 509-453-0745
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11/13/2006