PCHB142004752

v. ) ACC'S REPLY ON MOTION TO COMPEL ) INSPECTION OF PORT PROPERTY DEPARTMENT OF ECOLOGY; et al., ) ) Respondents. ) ) The Port controls the site and is doing everything in its power to restrict ACC's inspection of the soil, wetlands and streams located therein. This leads to the obvious question: what is the Port trying to hide? The Port has given unrestricted access numerous times to Ecology staff, Port consultants and contractors. Yet, ever since ACC's November 26, 2001, CR 34 Request for Entry, the Port has thrown up every obstacle imaginable to block access.15 Even in its opposition brief, the Port continues to insist that ACC's demand for a site visit is unprecedented ] because ACC wants to inspect and sample project area wetlands, surface waters and soils. The Port engages in this fiction in spite of the plain language of CR 34, which expressly provides that any party may serve on any other party a request : to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of rule 26(b). CR 34(a)(2) (emphasis added). The Board need look no farther than the authorities cited in ACC's l AR 004752 See Port Opposition at pp. 1-3. ACC'S REPLY ON MOTION TO COMPEL HELSELL FETTERMAN LLP Rachael Paschal Osborn INSPECTION…

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PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]