Reidy Ruling on Continuance.pdf
OFFICE OF THE HEARING EXAMINER
CITY OF EDMONDS, WASHINGTON
In the matter of the appeal of)
)
Ken and Vera Reidy
)Case No. APL20090002
)
RULING ON PRE-HEARING
of an August 24, 2009 )
MOTION FOR CONTINUANCE
Order to Correct Violation)
at 771 Daley Street in Edmonds, WA)
The above captioned appeal hearing was scheduled to be heard by the City's Hearing Examiner
on October 15, 2009 at 3:00 pm.
On October 13, 2009, the Examiner received a notice of appearance and request for continuance
from Matthew J. Cruz, on behalf of Appellants Reidy. According to the motionand a sworn
affidavit submitted by Appellants, neither the Reidys nor their counsel knew of the October 15,
2009 hearing date until they received the staff reportin the mail on October 9th. Counsel for
Appellantsstatedin the motion that he has a conflict on that date.
Appellants' request was to continue the hearing for one week; however, the next available docket
is on November 5, 2009.
On behalf of an interested party, adjacent land owner Eric Thuesen, Attorney Dana Kolouskova
submitted an objection to the requested continuance, based on delays already incurred by Mr.
Thuesen in resolution of the enforcement matter.
The City Attorney, Scott Snyder,submitted a comment indicating that he would prefer to go
forward on the 15th but is able to go forward on November 5th.
The affidavits of notice of public hearing in the record (at Exhibit 19 of the materials submitted
by the City) indicate that notice was posted and mailed to adjacent property owners on October
1, 2009. It is not clear from the record prepared in advance of the motion for continuance
whethernotice of hearing was mailed to Appellants or their counsel.
The Examiner requested a sworn statement from staff indicating on what date Appellants were
notified of hearing. On October 14, 2009, City Staff submitted an affidavit certifying they
mailed notice of the hearing to the Appellants on October 1, 2009, at the same time notice was
mailed to adjacent property owners.
On October 14, 2009, Appellants submitted their own sworn affidavit indicating they never
received mailed notice of public hearing.
Considering all the information submitted,the Examiner concludes that a two-week continuance
will not substantiallyprejudice eitherpartyto the enforcement action. The Appellants'request
GRANTED
for continuance is .The hearing will proceed on the November 5, 2009 City of
Edmonds land use hearing docket.
ORDERED THIS14th day of October 2009.
Toweill Rice Taylor LLC
City of Edmonds Hearing Examiners
By:
_____________________________
Sharon A. Rice