HomeMy WebLinkAbout7-21-2023 - hexDraft Home Depot Prehearing Order
PRE-HEARING ORDER
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THE HEARING EXAMINER OF THE CITY OF RENTON
IN RE:
The Home Depot
Deferral of Street Improvements:
Outlot 2
(Talbot Rd. S.)
(LUA21-000542; C22003168)
DEF23001824
DRAFT PRE-HEARING ORDER
A. Document Distribution. All documents required by this Order shall be
emailed or mailed to the parties at the addresses below. All documents must be
received by the due dates set by this order. For mailed documents, documents shall be
deemed received three business days after mailing.
Hearing Examiner’s Office
Cynthia Moya
Renton City Clerk
1055 Grady Way
Renton, WA 98057
CMoya@rentonwa.gov
olbrechtslaw@gmail.com
PRE-HEARING ORDER
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Appellant
Home Depot
City of Renton
Kenneth Katzaroff
1420 Fifth Ave, Suite 3400
Seattle, WA 98101
kkatzaroff@schwabe.com
Patrice Kent
1055 Grady Way
Renton, WA 98057
PKent@rentonwa.gov
B. Hearing Dates. A virtual hearing on the appeal will be held on
September 19, 2023 at 9:00 am.
C. Exhibit and Witness Lists. The parties are required to exchange witness
and exhibit lists for Mr. Plotnikov’s motion for reconsideration per the schedule below.
Witness lists should include a summary of the testimony to be provided by each witness
along with a general estimate on the length of the testimony. The time estimates are
just for scheduling purposes. Witnesses will not be bound to the estimates. The exhibit
lists shall list any documents, recordings, videos or photographs that the parties intend
on presenting at the appeal hearing. No exhibits or witness testimony beyond those
identified in the witness and exhibit lists will be admitted unless necessary for
reasonably unanticipated rebuttal or for other good cause. Exhibits must be
exchanged prior to and/or contemporaneously with the exhibit lists and may be
distributed by email.
D. Hearing Format. The hearing format shall be as required in RMC 4-8-
110E1.
E. Cross-Examination. All witnesses who present live testimony will be
subject to cross-examination. Declarations and other documents that would qualify as
testimony are admissible without a right of cross-examination unless a right to cross-
examine is asserted by email to all hearing parties within three calendar days of when
the document is disclosed in the witness and exhibit lists.
F. Schedule. The following schedule applies:
PRE-HEARING ORDER
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8/4/23 Response to City Motion to Dismiss.
8/8/23 Reply to Motion to Dismiss
8/18/23 Other prehearing motions
9/1/23 Response to other prehearing motions
9/5/23 Replies to other prehearing motions
9/19/23 Witness and Exhibit Lists due, along with exchange of exhibits.
9/22/23 Rebuttal Witness/Exhibit List along with rebuttal exhibits
9/26/23 Virtual Appeal hearing, 9 am.
.
___________________________
City of Renton Hearing Examiner