PCHB154005050

OF SEATTLE, a municipal corporation of the State of Washington,17 Respondents. I. RELIEF REQUESTED Pursuant to Civil Rule 12(b)(6), respondent Port of Seattle moves the Court for an Order dismissing Petitioners Airport Communities Coalition's and Citizens Against Sea-Tac Expansion's Petition for Review of Agency Action. Even accepting as true all of the facts alleged in the Petition for Review, there is no basis on which relief sought by the petition can be granted. Dismissal of this action is therefore appropriate. AR 005050 RESPONDENT PORT OF SEATTLE'S MARTEN BROWN INC. MOTION TO DISMISS 421 s. CAPITOL WAY SUITE 303OLYMPIA, WA 98501 PAGE 1 (360) 786-5057 II. STATEMENT OF FACTS In reviewing a CR 12(b)(6) motion to dismiss, the Court must accept as true the factual allegations of the complaint. Berge v. Gorton, 88 Wn.2d 756, 759, 567 P.2d 187 (1977). All of the facts relevant to this motion are contained in Petitioners Airport Communities Coalition's and Citizens Against Sea-Tac Expansion's (collectively, "ACC's") Petition for Review of Agency Action. Those relevant facts, which the Port does not challenge, are as follows: • On August 10, 2001, the Washington Department of Ecology ("Ecology") issued an order that included a § 401 Water Quality Certification ("401 Certification") for the Port of Seattle' s proposed third runway at the Seattle- Tacoma International Airport. [Petition, ¶ 6.7.] ° On August 23,2001, ACC filed its notice of appeal of the 401 Certification to the Pollution Control Hearing Board ("PCHB"). [Petition, ¶ 6.7.] On September 12, 2001, ACC…

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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 [...]