PCHB068002276

PCHBPollution Control Hearings Board of the State of Washington

v. ) MOTION IN LIMINE TO EXCLUDE ) LATE-PRODUCED PLANS AND STATE OF WASHINGTON, ) REPORTS DEPARTMENT OF ECOLOGY; and ) THE PORT OF SEATTLE, ) (Proposed) ) Respondents. ) Airport Communities Coalition and Citizens Against Sea-Tac Expansion ("Appellants") having filed a motion to exclude evidence in this matter; the Board, having reviewed the memoranda filed in favor of and in opposition to the motion, and any reply thereto and being otherwise informed, IT IS HEREBY ORDERED: 1. Appellant's Motion In Limine To Exclude Late Filed Plans and Reports is GRANTED. 2. Respondents proposed Exhibit No. 1320 (the Embankment Modeling Report) and21 proposed Exhibit No. 2055 (the Supplemental Wetlands Technical Memorandum) are excluded. 3. The additional untimely plans and reports identified by Appellants (Exhibit Nos. 1026, 1300, 1303, 1310, 1311, 1312, 1314, 1315, 1319, 1321, 1322, 1323, 2051, 2056, and 2128 are excluded. PCHB 01-160 HELSELL FETTERMAN LLP Rachael Paschal Osborn ORDER GRANTING APPELLANTS' MOTION IN LIMINE 1500Puget Sound Plaza Attorney at Law _._ttle, WA 98101-2509 Spokane,WA 99201 AR 002276 4. Respondents may not rely on any of the excluded exhibits, or testify regarding them at the1 heating. 5. Portions ofpre-filed testimony relying upon these exhibits are striken. 6. Within seven days of entry of this Order, Appellants will indicate to the Board the portions ofpre-filed testimony that should be stricken. SO ORDERED this day of ., 2002. POLLUTION CONTROL HEARINGS BOARD KALEEN COTTINGHAM, Presiding ROBERT V. JENSEN, Member WILLIAM LYNCH, Member Presented by: HELSELLFETTE A P Peter J. Eglick,…
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