HomeMy WebLinkAbout8-01-2023 - Schwabs email - Draft Home Depot Prehearing Order II
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
Maren Calvert
1420 Fifth Ave, Suite 3400
Seattle, WA 98101
MCalvert@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 October
24, 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.
PRE-HEARING ORDER
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F. Supplemental Motion to Dismiss. The Supplemental Motion to Dismiss
in the schedule below is to give an opportunity for the City to respond to information
provided by the Examiner by email dated July 28, 2023.
G. Stay/Consolidation. Home Depot’s motion for a stay dated July 18,
2023 is denied. Since Home Depot is open and running at its Renton location, the City
has a valid public interest in having its street frontage issues resolved in a timely
manner. Home Depot has assured that it will be filing for a modification to address the
City’s power line undergrounding requirements. Consequently, the issue of whether
Home Depot must underground the power lines and the amount of security for the
associated deferral will be considered outside the scope of this appeal and assigned to
the modification request review and appeal process. If and when Home Deport files an
appeal to the modification request, upon the election of Home Depot the appeal hearing
of the modification request will be consolidated with the appeal hearing of the deferral
appeals to the extent the appeals can be consolidated in an efficient and equitable
manner.
H. Schedule. The following schedule applies:
8/4/23 Supplemented City Motion to Dismiss
8/11/23 Response to City Motion to Dismiss
8/18/23 Reply to Motion to Dismiss
9/8/23 Other prehearing motions
9/15/23 Response to other prehearing motions
9/20/23 Replies to other prehearing motions
10/13/23 Witness and Exhibit Lists due, along with exchange of exhibits.
10/18/23 Rebuttal Witness/Exhibit List along with rebuttal exhibits
10/24/23 Virtual Appeal hearing, 9 am.
.
___________________________
City of Renton Hearing Examiner