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07 - Plaintiff's Re-Notice1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 1$ 19 20 21 22 23 24 25 26 27 28 i ~,-~ ~ ^ EXPEDITE {if filing within 5 court days of hearing) Q~ Hearing is set: Date: March i 0, 2006 Time: 9:00 a.m. JudgelCalendar: The Honorable Paula Casey SUPERIOR COURT OF WASHINGTON I FOR THURSTON COUNTY YELM COMMERCE GROUP, vs. Plaintiff/Petiti aner, CITY OF YELM; PACLAND, INC.; and WAL- MART STORES, INC., NO. 06-2-00103-3 CIVIL NOTICE OF ISSUE (NTIS} Clerk's Action Required TO: THURSTON COUNTY CLERK and to all other parties listed herein: PLEASE TAKE NOTICE that an issue of law in this case will be heard on the date below and the Clerk is directed to note this issue on the calendar checked below. FRIDAY, MARCH 10, 2006, 9:00 a.m. MOTION CALENDAR Bench/Judge Copies: Deliver to Superior Court, Building 2, Rm. 150 Filing Deadlines: Friday noon, preceding Friday noted, pursuant to LCR 5(b}(1) & (2}. Confirmation: E-mail to civlaw@co.thut~ston.wa.us, fax to (350) 753-4033, or call {360} 78b-5423 by 12:00 noon three court days prior to the hearing date [LCR 16(f)(2)]. Court Address: 2000 Lakeridge Drive SW, Building 2, Olympia, WA 98502. ASSIGNED JUDGE: Judge Paula Casey O Judge Richard A. Strophy ~ Judge Wm. Thomas McPhee CIVIL MOTIONS D Default © Discovery O Summary Judgment/Dismissal O Change Venue O Continue Trial O Show Cause O Present Order O TRO/Preliminary Injunction ©Contested Probate Motion Other: LUPA Initial Hearing D Judge Richard D. Hicks O Judge Gary R. Tabor O Judge Chris Wickham PROBATE © Petition for Letters of Administration/Guardianship © Petition for Probate of Will and Letters Testamentary O Petition to Set Aside Property in Lieu of Homestead O Annual Report of Guardianship ~ Final Account O Other: CIVIL NOTICE OF ISSUE - 1 of 2 C:\[)OG5IYGG\5uper;orlNOticc of 15suc--Civil.doc, 1/14/DS 1 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Certificate of Service P ENT~d~t~1~ I certify that on , 20_, I O deposited Sign: ~~ ,l in the United States mail, O delivered through a legal Print/Type Name:1~P: C~mcil Yi9~'rd A - ~~~CK~ messenger service, O personally delivered, a copy of this document to the attorney(s) of record far OPlaintiff/ WSBA # 31913 (if attorney) Petitioner D Defendant/Respondent O All Other Parties Address: 1001 Fourth Avenue, Suite- 3303 of Record. City/StatefZip: Seattle, WA 98154 Attorney for: Petitioner Yelm Commerce Group Attorney for O PfaintifflPetitioner Telephone: (20b} 264-8600 O Defendant/ltespondent O Other: Date: February _, 2006 LIST NAMES, ADDRESSES & TELEPHONE NUMBERS OF ALL PARTIES REQUIRING NOTICE Richard G. Phillips, Jr. Owens Davies, P.S: 92b - 24th Way 5W P.O. Box 187 Olympia WA 98507 (360)943-8320 (Attorneys for City of Yelm) John C. McCullough McCullough HiII, PS 701 Fifth Avenue, Suite 7220 Seattle, WA 98104-7042 (Attorneys for PACLAND, Inc. and Wal-Mart Store, Inc.} CIVIL NOTICE OF ISSUE - 2 of 2 C:1DOC51YCC15uperiorlNotice aF I~uc--Civil.doc, 1114105 1 2 3 4 5 6 7 S 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Honorable Paula Casey D ~ D FES o s zaos OWENS DAVIES, P.S. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THURSTON COUNTY YELM COMMERCE GROUP, a Washington non-profit corporation, Petitioner, v. CITY OF YELM; PACLAND, INC. ; and WAL-MART STORES, INC. NO. 06-2-00103-3 RE-NOTICE OF DATE FOR HEARING ALL JURISDICTIONAL AND OTHER PRELIMINARY MATTERS TO: THE CLERK OF THE COURT; and to all parties named below: PLEASE TAKE NOTICE that any party desiring to have any jurisdictional or other preliminary motion heard is required to note those motions for 9:00 a.m. on March 10, 2006. See RCW 36.70C.080{2)-(3). RE-NOTICE OF DATE FOR HEARING ALL JURISDICTIONAL AND OTHER PRELIMINARY MATTERS - 1 Bricklin Newman Doll, LLP Attorneys-at-Law 1001 Fouah Avenue, Suite 3303 Seattle, WA 95154 Tel. (20G) 264-SG00 Pax (20G) 2G4-930(? 1 2 3 4 5 6 7 8 9 10 ~'~ 11 12 13 14 i5 16 17 18 19 20 21 ~ 22 23 24 2S 26 27 28 Dated this ~ day of February, 200b. Respectfully submitted, BRICKLIN NEWMAN DOLD, LLP By: David A. Bricklin, WSBA No. 7583 Ryan P. Vancil, WSBA No. 31913 Attorneys for Petitioner OTHER PARTIES REOUIRING_NOTICE; Richard G. Phillips, Jr. Owens Davies, P.S. 926 - 24th Way SW P.O. Box 187 OIympia WA 98507 (Attorneys for City of Yelm) John C. McCullough McCullough Hill, PS 701 Fifth Avenue, Suite 7220 Seattle, WA 98104-7042 (Attorneys for PACLAND, Inc. and Wal-Mart Store, Inc.) YCC`Superior`No[ice of Ini[ial Hearing RE-NOTICE OF DATE FOR HEARING ALL JURISDICTIONAL AND OTHER PRELIMINARY MATTERS - 2 Bricklin Newman Dold, LLP Attorneys-at-I.aw 1001 Fourth Avenue, Suite 3303 Seattle, WA 9$154 Tel. (206} 2648600 Fax (206} 26493(10 1 2 3 4 S 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ ^ EXPEDITE ^ Hearing is set: Date: March 10, 2006 Time: 4:00 a.m. Judge/Calendar: The Honorable Paula Casey The Honorable Paula Casey D ~ FEB o s zoos OWENS DAVIES, P.S. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THURSTON COUNTY YELM COMMERCE GROUP, a Washington non-profit corporation, Petitioner, v. CITY OF YELM; PACLAND, INC.; and WAL-MART STORES, INC. NO. 06-2-00103-3 MOTION FOR SETTING DATES FOR SUBMITTAL OF RECORD, BRIEFING SCHEDULE, AND HEARING/TRIAL ON THE MERITS Plaintiff Yelm Commerce Group hereby moves the Court for an Order setting dates for submittal of the record, briefing schedule, and hearing/trial on the merits. This is an action commenced pursuant to the Land Use Petition Act (LUPA). See RCW 36.70C RCW. This statute provides the procedure for appeals of most local government land use decisions. Pursuant- to LUPA, the plaintiffs must obtain from the Court an order setting dates for submittal of the record (by the City}, a briefing schedule, Bricklin Newman Dold, LLP MOTION FOR SETTING DATES FOR SUBMITTAL Attorneys-at-Eaw 1001 Foutth Avenue, Suite 3303 Seattle, WA 98154 OF RECORD, BRIEFING SCHEDULE, AND Tel. (20G) 2G4-SG00 HEARING/TRIAL ON THE MERITS - 1 Fax (20G) 2G4-9300 1 2 and the hearing/trial on the merits. See RCW 3b.70C.OS0. We hereby move for an order establishing the following dates for those events: 1. Date for submittal of record: LUPA provides that under normal 7 8 9 10 11 12 13 I 14 15 16 I 17 18 19 2a 21 22 23 24 25 26 27 2$ circumstances, the record should be submitted by the local government within 45 days of the Court's hearing of this motion. See RCW 36.70C.110. Forty-five days from the date of the hearing of this motion is April 24, 2006. The Court should order the City to produce the record by that date. Any party desiring copies of portions or all of the record for judicial review shall notify the City and, upon payment to the City for copying expense, the City shall promptly provide the requested copies to that party. No later than March 17, 2006, the City shall serve on all parties a list of the persons who testified before the Hearing Examiner or City Council. Within seven days of receipt of the witness list, each party shall notify plaintiff of those witnesses whose testimony shall be transcribed. Within 45 days of receiving the Iist of requested transcripts, plaintiff shall file with the Court and give notice to other parties of the availability of a verbatim transcript of the designated portions of the audiotapes. Preparation of the transcript shall be at plaintiff's own expense. Copying costs of transcriptions requested by parties shall be paid to plaintiff promptly following receipt of a transcription copy. 2. Briefing schedule: There is a substantial administrative record to be reviewed regarding this matter. Plaintiff should be provided 30 days from the date of the filing of the $ricklin Newman Dold, LLP MOTION FOR SETTING DATES FOR SUBMITTAL too ~4 ~ Av ~~te Suite 33D3 OF RECORD, BRIEFING SCHEDULE, AND Tel zaGj ~¢a ao HEARINGITRIAL ON THE MERITS - 2 ~~ (2QG) 264-9300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 '21 22 23 24 25 26 27 28 administrative record Co review it and prepare its opening brief. Plaintiff's opening brief under this schedule would be due on May 24, 2006. We assume the respondents will want a like amount of time for the preparation of their response brief. Under such a schedule, the respondents' briefs would be due on June 23, 2006. Plaintiff would be given two weeks to file a reply. Plaintiff's reply brief would be due on July 7, 2006. 3. Date for hearing/trial an the merits: The hearing/trial could occur as soon after submittal of the reply brief as the Court is available. We assume the Court would want to provide several days or a week to allow it to review the briefs and administrative record in advance of the hearing. This schedule would contemplate a hearing on the merits about July 14, 2006 -- 80 days after the County's submission of the administrative record. LUPA provides that the hearing should be set within 60 days of the date set for submitting the local jurisdiction's record "absent a showing of good cause for a different date." RCW 36.70C.090. The extensiveness of the local jurisdiction's record and the large number of issues raised in the Petition, together with the amount of time needed far an adequate briefing of the issues justifies the Court extending the time for the hearing on the merits by 20 days. We are submitting herewith a proposed order setting faith the dates as requested in this motion. MOTION FOR SETTING DATES FOR SUBMITTAL OF RECORD, BRIEFING SCHEDULE, AND HEARJNG/TRIAL ON THE MERITS - 3 Bricklin Newman Dold, LLP Attomcys-at-Law 1001 Courth Avenue, Suite 3303 Seattle, WA 98154 Tel.{20G) 2GA-SG00 Fax (20G) 2G4-9300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I 16 1 17 18 19 ZO 21 22 I 23 24 25 26 27 I Dated this U day of February, 2006. Respectfully submitted, BRICKLIN NEWMAN DOLD, LLP By David A. Bricklin WSBA No. 7583 Attorneys for Petitioner YCG1SuperiorlMotion for Setting Dates ~$ ~ $ricklin Newman Dold, LLP Attorneys-at-law MOTION FOR SETTING DATES FOR SUBMITTAL 1001 Fourth Avenue, Suitc 3303 OF RECORD, BRIEFING SCHEDULE, AND Tel. (20GW G48GU0 HEARING/TRIAL ON THE MERITS - 4 Fax (20G) 2G4-9300 1 2 3 4 s 6' i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 i 24 25 26 27 2$ The Honorable Paula Casey D ~ D ~Ee a s zoos OWENS DAVITS, i?S. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THURSTON COUNTY YELM COMMERCE GROUP, a Washington non-profit corporation, Petitioner, v. NO. Ob-2-00103-3 DECLARATION OF SERVICE CITY OF YELM; PACLAND, INC.; and WAL-MART STORES, INC. STATE OF WASHINGTON ) ss. COUNTY OF KING ) I, DANIEL P. DRAHEIM, under penalty of perjury under the laws of the State of Washington, declare as follows: I am the legal assistant for Bricklin Newman Dold, LLP, attorneys for Yelm Commerce Group, petitioner herein. On the date and in the manner indicated below, I caused the Motion for Setting Dates for Submittal of Record, Briefing Schedule, and HearinglTrial on the Merits, [Proposed] Order Setting Dates for Submittal of Record, DECLARATION OF SERVICE - 1 $rickIin Newman Dold, LLP Attorneys-at-Iaw 1001 Fourth Avenue, Suite 3303 Seattle, WA 98154 Tel. {20G) 2G¢8G00 Fax (20G) 2G4-9300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 i7 18 19 I 20 21 22 23 24 25 26 27 28 Briefing Schedule, and Hearing/Trial on the Merits, Re-Notice of Date for Hearing All Jurisdictional and Other Preliminary Matters, and the Civil Notice of Issue to be served on: Richard G. Phillips, Jr. Owens Davies, P.S. 926 - 24th Way SW P.O. Box 187 Olympia WA 98507 (Attorneys for City of Yelm) ~By United States Mail [ ] By Legal Messenger [ ] By Facsimile [ ] By Federal ExpresslExpress Mail [ ] By E-Mail John C. McCullough McCullough. Hili, PS 701 Fifth Avenue, Suite 7220 Seattle, WA 98104-7042 {Attorneys for PACLAND, Inc. and Wal-Mart Store, Inc.} [ ] By United States Mail ~]'By Legal Messenger [ ] By Facsimile [ ] By Federal ExpresslExpress Mail [ ] By E-Mail DATED this ~ day of ~~~'u' , 20010 , at Seattle, Washington. D IEL P. DRA EI YCG1Superiorll]ecsv DECLARATION OF SERVICE - 2 Bricklin Newman Dold, LLP Attorneys-at-Iaw 1001 Fourth Avenue, Swtc 3303 Seattle, WA 98154 'T'el. (20G) 2G48G00 Pax {2DG) 2G4-9300 1 2 3 4 s 6 7 $ 9~ 10 11 12 13 14 TS 16 17 18 19 20 21 22 23 24 25 26 27 2$ The Honorable Paula Casey D ~`~ FEB 0 9 20fl~ OWI=NS DAVIIwS, P.S. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THURSTON COUNTY YELM COMMERCE GROUP, a Washington non-profit corporation, Petitioner, v. CITY OF YELM; PACLAND, INC.; and WAL-MART STORES, INC. NO. 06-2-00103-3 ORDER SETTING DATES FOR SUBMITTAL OF RECORD, BRIEFING SCHEDULE, AND HEARING/TRIAL ON THE MERITS THIS MATTER having come on for hearing this 10"' day of March, 2006, upon petitioner's Motion foz Setting Dates for Submittal of Record, Briefing Schedule, and Hearing/Trial on the Merits, the Court haviztg reviewed the same and any pleadings filed in opposition to the motion, and the Court being fully advised, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The City shall file a copy of the administrative record by April 24, 2006. ORDER SETTING DATES FOR SUBMITTAL OF RECORD, BRIEFING SCHEDULE, AND HEARING/TRIAL ON THE MERITS - 1 Bricklin Newman Dold, LLP Attorneys-a[-Law 1001 Fourth Avenue, Swte 3303 Seattle, WA 98154 Tel. (204) 264-8400 Fas (204} 2449300 1 2 3 4 5 6 7 8 9: 10 11 12 13 14 15 16 17 18 19 2. Any party desiring copies of portions or all of the record for judicial review shall notify the City of Yehn and, upon. payment to the City of Yehn for copying expense, the City shall promptly provide the requested copies to that party. 3. By March 17, 2006, the City of Yelm shall serve on all parties a list of the persons who testified before the Hearing Examiner or Ciry Council. 4. Within seven days of receipt of the witness Iist, each party shall notify petitioner of those witnesses whose testimony shall be transcribed. 5. Within 45 days of receiving the list of requested transcripts, petitioner shall file with the Court and give notice to other parties of the availability of a verbatim transcript of the designated portions of the audiotapes. Prepaxatian of the transcript shall be at petitioner's own expense. Copying costs of transcriptions requested by parties shall be paid to petitioner promptly following receipt of a transcription copy. 6. Petitioner shall file and serve its opening brief on or before May 24, 2006. 7. Respondents shall file and serve their response briefs on or before June 23, 2006. 8. Petitioner shall file and serve its reply brief on or before July 7, 2006. 20 21 22 23 2~1 25 26 27 28 9. The hearing/trial on the merits of this action shall occur on July ~, 2006. DATED this day of , 2006. THE HONORABLE PAULA CASEY THURSTON COUNTY SUPERIOR COURT JUDGE Bnicklin Newman DoId, LLP ORDER SETTING DATES FOR SUBMITTAL Attorneys-a[-Law 1001 Fourth Avenue, Suitc 3303 Seattle, WA 98154 OF RECORD, BRIEFING SCHEDULE, Tel. (206} 2G4-8600 AND HEARING/TRIAL ON THE MERITS - 2 Fax (20G) 2G4-9300 1' 2'' 3 4 S 6 7 v 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 Presented by: BRICKLIN NEWMAN DOLD, LLP By: David A. Bricklin WSBA No. 7583 Attorneys for Petitioner YCG1Superiorl0rder Setting Dates ORDER SETTING DATES FOR SUBMITTAL OF RECORD, BRIEFING SCHEDULE, AND HEARING/TRIAL ON THE MERITS - 3 Briclclin Newman Dofd, LLP Attorneys-at-Law 100t Fourth Avenue, Suite 3303 SeanJe, WA 98754 Tel. (20G) 2G48G00 Fax (20G) 2G4-9300