NOTICE OF APPEAL OF THE CITY OF MAPLEVALLEY AND PRE-HEARING MOTIONS - 3
MORRIS & TARADAY, P.C.
1319 Dexter Avenue N, #030, Seattle, WA 98109Tel. 206-518-5272
Fax 206-518-5273E-mail: email@example.com
Maple Valley has submitted a $250.00 fee to accompany this appeal.
Introduction to Pre-hearing Motions Related to Black Diamond’s ConflictingSEPA Appeal Procedures
Maple Valley is aware of the fact that three other SEPA appeals (PLN09-0040, PLN09-0041, PLN09-0044) were filed with the City of Black Diamond on or around December 28,2009 and that a hearing on these appeals has been scheduled to begin on March 6, 2010. MapleValley is also aware of the City of Black Diamond’s Notice of Public Hearing for these appealswhich states: “Participation in the FEIS appeal hearings will be limited to the appellants,applicant and city staff and their respective legal and expert witnesses. No other testimony willbe allowed.” To the extent that the City of Black Diamond intends to limit SEPA appeals tothe three appeals that have already been filed, and to the extent that the City of Black Diamondwould claim that Maple Valley’s administrative SEPA appeal is time barred, the City of MapleValley hereby objects and, for the reasons stated below, asserts its right to administrativelyappeal the FEIS for the Proposal to the Black Diamond City Council.The subject FEIS was issued by the City of Black Diamond on December 11, 2009.The City’s notice of FEIS availability stated that “a public hearing date for the MPDapplications has yet to be established.” One of the fundamental principles of SEPA is thatSEPA appeals must not be orphaned from the underlying governmental action. RCW43.21C.075(3) provides as follows:If an agency has a procedure for appeals of agency environmentaldeterminations made under this chapter, such procedure:(a)
Shall allow no more than one agency appeal proceeding
on eachprocedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement);