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HomeMy WebLinkAbout07-07-2021 - Lane Powell emailCAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. From:Edwards, Scott M. To:Phil Olbrechts; Raines, Maria Cc:Cynthia Moya; CityClerk; ksand@omwlaw.com; Craig, Angela; Degginger, Grant; Tsuboi, Norma Subject:RE: TracFone v. City of Renton - KCSC No. 21-2-08552-7 KNT -- Question for Tracfone Date:Wednesday, July 07, 2021 1:26:00 PM RMC 5-26-19 provides that the “the decision of the hearing examiner is final subject to review by either party under the provisions of RCW 7.16.040 … within twenty (20) days of the date of issuance of the hearing examiner’s decision.” Consistent with the code’s exclusion of final decisions from the list of decisions subject to reconsideration, the ordinance does not toll the time to appeal. Consequently, TracFone has already filed its appeal of the final decision by filing and serving a petition for writ of review under Ch. 7.16 RCW as required by ordinance. There is nothing further to consider. Moreover, as discussed in TracFone’s opposition to the City’s motion for reconsideration, even if reconsideration were permitted, it is limited to the record before the Hearing Examiner, which record reflects that the City reviewed and agreed with the calculations on which the final decision was based. Not only did the City’s motion improperly present new evidence outside the record , but its reply was not limited to TracFone’s response raising new arguments. The final decision has been entered and appealed, it is time for the parties to move to the next stage. SCOTT M. EDWARDS Shareholder Bio | vCard edwardss@lanepowell.com D 206.223.7010 C 206.529.7030 LANEPOWELL.COM From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Sunday, July 4, 2021 9:07 PM To: Raines, Maria <RainesM@LanePowell.com> Cc: cmoya@rentonwa.gov; cityclerk@rentonwa.gov; ksand@omwlaw.com; Edwards, Scott M. <EdwardsS@LanePowell.com>; Craig, Angela <CraigA@LanePowell.com>; Degginger, Grant <DeggingerG@LanePowell.com>; Tsuboi, Norma <TsuboiN@LanePowell.com> Subject: Re: TracFone v. City of Renton - KCSC No. 21-2-08552-7 KNT -- Question for Tracfone CAUTION: This is an external email. Do NOT click links or open attachments unless you are certain the content is safe. Question for Tracfone -- If I rule that there is a right of reconsideration to the Final Decision of this appeal, does Tracfone want an opportunity to contest Renton's assertion of error? On Tue, Jun 29, 2021 at 3:33 PM Raines, Maria <RainesM@lanepowell.com> wrote: All: Attached are copies of the Petition for Writ of Review, Declaration of Chesley Dillon and Case Information Cover Sheet filed today in the above matter. Feel free to contact Scott Edwards with any questions. Sincerely, MARIA G. RAINES (she/her) Legal Assistant D 206.223.6119 LANEPOWELL.COM This message is private or privileged. If you are not the person for whom this message is intended, please delete it and notify me immediately, and please do not copy or send this message to anyone else. This message is private or privileged. If you are not the person for whom this message is intended, please delete it and notify me immediately, and please do not copy or send this message to anyone else.