RE: Concerned Citizens of Mason County, Plaintiff
vs. (A Petition for a Writ of Review)
Mason Co. Port Dist. 216, Adage LLC, Adage Mason LLC, Defendants
(Click HERE for Case Index and Docket Schedule)
The following is a synopsis of what happened. CCMC lost the motion and Judge Finlay dismissed their cause of action, i.e. the lawsuit. I will post the video of the proceedings after editing including my best guess of what exactly happened (legally) once understood. Amber Finlay is an honest Judge who does her best to interpret the law as it’s written & intended. The legal issues in this case were many, nuanced, and complex. The CCMC attorney (Bricklin) had a very professional courtroom demeanor, was articulate, but may have presumed too much when arguing before a small town local judge. As a matter of law, the case COULD have instead been filed with our Washington State Supreme Court (who presumably would have better understood the legal nuances) as a Court of Original Jurisdiction rather than our local court better acquainted with petty criminals and small town divorces. (Note to Mr. Bricklin, esq.: Don’t bring your fine china to a Mason County picnic!)
A notice/motion for reconsideration MUST be filed within 10 days of the ruling. Such a hearing likely wouldn’t result in Judge Finlay changing her ruling, but if NEW evidence that could not have been discovered before and consequent NEW issues were raised, it would allow for the record to be amended in preparation for an appeal after the record is closed. An appellate court ONLY reviews the record. A notice of appeal MUST be filed within 30 days after the lower court has completed its entries into the record. Check the soon to be posted video of the hearing for any further thoughts or analysis of the legal arguments and ruling.
An Order to Show Cause was entered in early October, the hearing was held 11-15-10 @ 1:30 in the Mason County modular courthouse annex across the street from the County building and Juvenile Detention Center. Judge Amber Finlay presided. This was on the Superior Court motion calendar. Only 3 cases were scheduled for that afternoon’s proceedings. The motion was heard and disposed of in about 45 minutes.
Richard Talbott Hoss, a Shelton attorney, is representing defendants Adage, LLC and Adage Mason, LLC. Stephen P. Dijulio is representing defendant Mason Co. Port Dist. 216. Claudia Newman is representing (Bricklin & Newman, 1001 4th Ave, #3303, Seattle, WA) plaintiff Concerned Citizens for Mason Co. in this cause which focuses on citizen efforts to require the Port of Shelton to act in a responsible manner protecting the health of its constituents, air quality, and environment.
Regarding Case #:10-2-00772-9, it involves the Port Of Shelton, plaintiff seeking an injunction against defendants City of Shelton, Hall Equities Group, and Shelton Hills Investors, LLC. John Glowney represents the Port of Shelton, plaintiff, Kathleen Haggard for City Shelton, defendant, Courtney Kaylor for defendants Hall Equities Group and Shelton Hills Investors, LLC. This and the following case involve the Port’s challenging the City of Shelton (along with the other defendants) rezoning the land northwest of Goose Lake (opposite Wal-mart across Hwy 101) for residential development. The Port (interestingly using some of the same arguments it ignored from residents objecting to the Adage proposal) argues such development would hamstring any future plans it has to extend/develop it’s North-South runway #3 for large jet aircraft requiring longer landing distances.
Case #:10-2-00864-4, a collateral action also involving the Port Of Shelton as Plaintiff in a disputed Land Use Petition regarding a tract of land near Goose Lack, vs City of Shelton, Hall Equities Group, Shelton Hills Investors, LLC, defendants. John Glowney and Eric Laschever represent the Port of Shelton, Kathleen Haggard for City Shelton, Courtney Kaylor (a subcontracted attorney) for defendants Hall Equities Group and Shelton Hills Investors, LLC.