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Home My WebLink AboutOrder Setting Land Use Case Schedule FILED 2025 MAR 26 09:46 AM KING COUNTY SUPERIOR COURT CLERK E-FILED CASE #: 25-2-09551-7 SEA IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF KING No. 25-2-09551-7 SEA JAMES COLT Petitioner(s) ORDER SETTING LAND USE CASE SCHEDULE vs ASSIGNED JUDGE: David Whedbee, Dept. 01 MARVIN F. POER AND COMPANY, LLC FILED DATE: 03/26/2025 Respondent(s) TRIAL DATE: 09/02/2025 A Petition Seeking Review of a Land Use decision under the Revised Code of Washington (RCW) 36.70C has been filed in the King County Superior Court and will be managed by the Case Schedule as ordered by the King County Superior Court Presiding Judge. I. NOTICES THE PERSON (PETITIONER) WHO FILED THIS PETITION SEEKING REVIEW OF A LAND USE DECISION MUST Serve a copy of the Land Use Petition and this Order Setting Case Schedule (Land Use Petition) (including these Notices) on all other parties to this action. See Revised Code of Washington RCW 36.70C.040(5). NOTICE TO ALL PARTIES All attorneys and parties should make themselves familiar with the laws of the State of Washington and the rules of the court -- especially those referenced to in this Schedule. To comply with the Schedule, it will be necessary for attorneys and parties to pursue their appeals vigorously from the day they are filed. All events must occur promptly. If they are late, the Superior Court Clerk is authorized by the King County Superior Court Local Rules to impose sanctions for failure to follow the case schedule. TRANSFER JUDICIAL REVIEW TO COURT OF APPEALS Upon consent to transfer to the court of appeals and agreement that the judicial review can occur based on the existing record, parties may request transfer without filing a motion for discretionary review with the court of appeals. Order Setting Case Schedule-Land Use(ORSCS-LU) Page 1 Rev.09/2022 I. NOTICES (continued) STIPULATION/MOTION TO CHANGE INITIAL HEARING The petitioner is required to schedule an initial hearing with the assigned Judge. The initial hearing must be scheduled between 35 and 50 days after the petition is served. Parties may file a stipulation, or any party may file a motion to change the initial hearing, prior to the deadline as shown on the Schedule. Parties may also waive the initial hearing by stipulating to an alternative case schedule. A copy of the stipulation or motion must be filed with the assigned Judge. The initial hearing must be set on a Friday. Stipulated change of hearing dates must be within +/- 7 days of the original date and must be approved by the assigned judge. CHANGE OF BRIEFING SCHEDULE The Hearing on Merits must be set within 60 days of the date set for filing the local jurisdiction's certified record. This date and the corresponding briefing schedule, as a result, may be changed by a showing of good cause for different date or by stipulation of the parties. MOTIONS ON JURISDICTIONAL AND PROCEDURAL ISSUES Motions on jurisdictional and procedural issues shall comply with Civil Rule 7 and King County Local Rule 7, except that the minimum notice of hearing requirement shall be 8 days. PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE When a final decree, judgment, or order of dismissal of all claims is filed with the Superior Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2)strike any pending motions by notifying the bailiff of the assigned judge. Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of Settlement pursuant to KCLCR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or order of dismissal of all claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice. If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLCR 41(b)(2)(A) to present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge with a courtesy copy. NOTICE OF NON-COMPLIANCE FEES ALL parties will be assessed a fee authorized by King County Code 4A.630.020 whenever the Superior Court Clerk must send notice of non-compliance of schedule requirements as per Local Rule 4 and/or dismissal of actions as per Local Rule 41. King County Local Rules are available for viewing at www.kingcounty.gov/courts/clerk. Order Setting Land Use Case Schedule(ORSCS-LU) Page 2 Rev.09/2022 II. CASE SCHEDULE CASE EVENT EVENT DATE * Petition for Review of Land Use Decision Filed and Schedule Issued 03/26/2025 (RCW 36.70C.040). DEADLINE for Petitioner to Contact Assigned Judge to Schedule Initial 04/02/2025 Hearing (RCW 36.70C.080). DEADLINE to Stipulate or File a Motion for Change of Hearing Date or 04/23/2025 Adjustment of Schedule [RCW 36.70C.080 (1); RCW 36.70.090]. DEADLINE to hold Initial Hearing on Jurisdictional (Motions that do not 05/16/2025 require review of the certified record) and Preliminary Matters (FRIDAYS ONLY) (RCW 36.70C.080). * DEADLINE to file Certified Copy of the Local Jurisdiction Record 05/19/2025 (RCW 36.70C.110). * DEADLINE to file Brief of Petitioner[RCW 36.70C.080 (4)]. 07/29/2025 * DEADLINE to file Brief of Respondent [RCW 36.70C.080 (4)]. 08/19/2025 * DEADLINE to file Reply Briefs [RCW 36.70C.080 (4)]. 08/26/2025 Hearing on the Merits (RCW 36.70C.090). 09/02/2025 The *indicates a document that must be filed with the Superior Court Clerk's Office by the date shown. III. ORDER Pursuant to King County Local Rule 4 (KCLCR 4), it is ORDERED that all parties involved in this action shall comply with the schedule listed above and that failure to meet these event dates will result in the dismissal of the appeal. It is FURTHER ORDERED that the party filing this action must serve this Order Setting Land Use Petition Case Schedule and attachment on all other parties. DATED: 03/26/2025 4v4A— PRESIDING JUDGE Order Setting Land Use Case Schedule(ORSCS-LU) Page 3 Rev.09/2022 IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE READ THIS ORDER BEFORE CONTACTING YOUR ASSIGNED JUDGE. This case is assigned to the Superior Court Judge whose name appears in the caption of this case schedule. The assigned Superior Court Judge will preside over and manage this case for all pretrial matters. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. APPLICABLE RULES: Except as specifically modified below, all the provisions of King County Local Civil Rules 4 through 26 shall apply to the processing of civil cases before Superior Court Judges. The local civil rules can be found at www.kingcounty.gov/courts/clerk/rules/Civil. CASE SCHEDULE AND REQUIREMENTS: Deadlines are set by the case schedule, issued pursuant to Local Civil Rule 4. THE PARTIES ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL DEADLINES IMPOSED BY THE COURT'S LOCAL CIVIL RULES. A. Joint Confirmation regarding Trial Readiness Report No later than twenty one (21)days before the trial date, parties shall complete and file (with a copy to the assigned judge)a joint confirmation report setting forth whether a jury demand has been filed, the expected duration of the trial, whether a settlement conference has been held, and special problems and needs (e.g., interpreters, equipment). The Joint Confirmation Regarding Trial Readiness form is available at www.kinqcounty.qov/courts/scforms. If parties wish to request a CR 16 conference, they must contact the assigned court. Plaintiff's/petitioner's counsel is responsible for contacting the other parties regarding the report. B. Settlement/Mediation/ADR a. Forty five (45)days before the trial date, counsel for plaintiff/petitioner shall submit a written settlement demand. Ten (10)days after receiving plaintiffs/petitioner's written demand, counsel for defendant/respondent shall respond (with a counter offer, if appropriate). b. Twenty eight(28)days before the trial date, a Settlement/Mediation/ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY RESULT IN SANCTIONS. C. Trial Trial is scheduled for 9:00 a.m. on the date on the case schedule or as soon thereafter as convened by the court. The Friday before trial, the parties should access the court's civil standby calendar on the King County Superior Court website www.kingcounty.gov/courts/superiorcourt to confirm the trial judge assignment. MOTIONS PROCEDURES A. Noting of Motions Dispositive Motions: All summary judgment or other dispositive motions will be heard with oral argument before the assigned judge. The moving party must arrange with the hearing judge a date and time for the hearing, consistent with the court rules. Local Civil Rule 7 and Local Civil Rule 56 govern procedures for summary judgment or other motions that dispose of the case in whole or in part. The local civil rules can be found at www.kingcounty.gov/courts/clerk/rules/Civil. Non-dispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is requested; this date must likewise conform to the applicable notice requirements. Civil Attachment(CV-ATTACH) Rev.07/21/2023 • Rather than noting a time of day, the Note for Motion should state"Without Oral Argument." Local Civil Rule 7 governs these motions, which include discovery motions. The local civil rules can be found at www.kingcounty.gov/courts/clerk/rules/Civil. Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions relating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other motions should be noted and heard on the Family Law Motions calendar. Local Civil Rule 7 and King County Family Law Local Rules govern these procedures. The local rules can be found at www.kinqcounty.qov/courts/clerk/rules. Emergency Motions: Under the court's local civil rules, emergency motions will usually be allowed only upon entry of an Order Shortening Time. However, some emergency motions may be brought in the Ex Parte and Probate Department as expressly authorized by local rule. In addition, discovery disputes may be addressed by telephone call and without written motion, if the judge approves in advance. B. Original Documents/Working Copies/Filing of Documents: All original documents must be filed with the Clerk's Office. Please see information on the Clerk's Office website at www.kinqcountv.qov/courts/clerk regarding the requirement outlined in LGR 30 that attorneys must e-file documents in King County Superior Court. The exceptions to the e-filing requirement are also available on the Clerk's Office website.The local rules can be found at www.kingcounty.gov/courts/clerk/rules. The working copies of all documents in support or opposition must be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the assigned judge. The assigned judge's working copies must be delivered to his/her courtroom or the Judges' mailroom. Working copies of motions to be heard on the Family Law Motions Calendar should be filed with the Family Law Motions Coordinator. Working copies can be submitted through the Clerk's office E-Filing application at www.kinqcountv.qov/courts/clerk/documents/eWC. Service of documents: Pursuant to Local General Rule 30(b)(4)(B), e-filed documents shall be electronically served through the e-Service feature within the Clerk's eFiling application. Pre-registration to accept e-service is required. E-Service generates a record of service document that can be e-filed. Please see the Clerk's office website at www.kingcounty.gov/courts/clerk/documents/efilinq regarding E-Service. Original Proposed Order: Each of the parties must include an original proposed order granting requested relief with the working copy materials submitted on any motion. Do not file the original of the proposed order with the Clerk of the Court. Should any party desire a copy of the order as signed and filed by the judge, a pre-addressed, stamped envelope shall accompany the proposed order. The court may distribute orders electronically. Review the judge's website for information: www.kingcounty.gov/courts/SuperiorCourt/judges. Presentation of Orders for Signature: All orders must be presented to the assigned judge or to the Ex Parte and Probate Department, in accordance with Local Civil Rules 40 and 40.1. Such orders, if presented to the Ex Parte and Probate Department, shall be submitted through the E-Filing/Ex Parte via the Clerk application by the attorney(s)of record. E-filing is not required for self-represented parties (non-attorneys). If the assigned judge is absent, contact the assigned court for further instructions. If another judge enters an order on the case, counsel is responsible for providing the assigned judge with a copy. Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the Ex Parte and Probate Department. Such orders shall be submitted through the E-Filing/Ex Parte via the Clerk application by the attorney(s)of record. E-filing is not required for self-represented parties (non- attorneys). Formal proof in Family Law cases must be scheduled before the assigned judge by contacting the bailiff, or formal proof may be entered in the Ex Parte Department. If final order and/or formal proof are entered in the Ex Parte and Probate Department, counsel is responsible for providing the assigned judge with a copy. C. Form Civil Attachment(CV-ATTACH) Rev.07/21/2023 Pursuant to Local Civil Rule 7(b)(5)(B),the initial motion and opposing memorandum shall not exceed 4,200 words and reply memoranda shall not exceed 1,750 words without authorization of the court. The word count includes all portions of the document, including headings and footnotes, except 1)the caption; 2)table of contents and/or authorities, if any; and 3): the signature block. Over-length memoranda/briefs and motions supported by such memoranda/briefs may be stricken. IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PEITITONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. PRESIDING JUDGE Civil Attachment(CV-ATTACH) Rev.07/21/2023