Notes
Appellants’ reply brief filed by Airport Communities Coalition (ACC) in PCHB No. 01-160 supporting motion in limine to exclude testimony of Washington State Department of Ecology witness Dave Garland regarding the Port of Seattle’s December 17, 2001 Low Flow Plan. ACC argues Ecology violated CR 26(e)(1)(B) duty to supplement interrogatory responses and the Board’s Pre-Hearing Order (February 1, 2002 report cutoff, February 28, 2002 discovery cutoff) by failing to disclose that Garland would testify on the December 2001 Low Flow Plan, despite multiple written and in-person inquiries to Ecology counsel Tom Young. Contrasts with proper handling of Ecology witness Kelly Whiting (King County DNR), whose deposition was continued to February 28, 2002. Garland’s review not completed until March 6, 2002. ACC expert witnesses William Rozeboom, Dr. Malcolm Leytham, and Dr. Patrick Lucia are cited as affected witnesses. Filed by Helsell Fetterman; declaration of Rachael Paschal Osborn (3/13/02) referenced.