HomeMy WebLinkAbout07-07-2021 HEX emailCAUTION: This email originated from outside the City of Renton. Do not click links, reply or open
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From:Phil Olbrechts
To:Edwards, Scott M.
Cc:Raines, Maria; 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 1:33:48 PM
Thank you Mr. Edwards. I am construing your response as declining to take the
opportunity to contest the error asserted by the City. I will be issuing a decision on the City's
motion to reconsider within the next few days.
On Wed, Jul 7, 2021 at 1:25 PM Edwards, Scott M. <EdwardsS@lanepowell.com> wrote:
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
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intended, please delete it and notify me immediately, and please do not copy or send this
message to anyone else.