UNTRUTHFUL CITY ATTORNEY

CLAIM: At January 19, City Council Meeting the City Attorney claimed the city refunds the Appeal Fee to a prevailing appellant.

TRUTH: The City of Edmonds does not always refund a successful appellant as the citizen claimed at the Council meeting AND SCOTT SNYDER REBUTTED.
In the following matter, the staff changed the type of hearing midstream by renaming an appeal to some unknown and uncodified type of hearing not found in the City Code and referred to as an Exception Hearing. Then the staff denies the Appellants request for refund of Appeal Fee saying only successful appeals to the City Council are refunded.

Here's the letter from Public Works Director Noel Miller to the Appellant denying refund of the Appeal Fee.
File number APL20090003. APL is an abbreviation of the word appeal. On the bottom of the page, below Mr. Miller's signature (JZL744973.DOC/00006.900000/). JZL stands for J. Zachary Lell an Attorney with Ogden, Murphy Wallace Law Firm.

https://permits.edmonds.wa.us/Data/Live/PERMIT/PMT_63352/1021200974312770.pdf
(click to read the letter.)

Here is the actual city file for APL20090003 with clear and convincing evidence THE STAFF MODIFIED the file name and purpose during the pendency of the matter.

https://permits.edmonds.wa.us/Data/Live/PERMIT/PMT_63352/923200916334274.pdfhttps://permits.edmonds.wa.us/Data/Live/PERMIT/PMT_63352/923200916334274.pdf (click to read and see the actual staff report and exhibits)

Page 1, Staff Report Title and Date Jorgensen Request for Exception to Allow Infiltration
APL20090003 September 22, 2009

Page 8, Appellant's appeal letter.

Page 55, Notice of Appeal and Hearing Examiner Hearing
APL20090003, September 16, 2009 (six days prior to preparing the Staff Report for the Hearing Examiner)

This is the most damning document.
Page 64 City of Edmonds - Planning Division Request for Comment Form routed to Noel Miller and Public Works.
Project Description: Appeal of Engineering Interpretation regarding infiltration - Edmonds Community Development Code 18.30
September 9, 2009
SIGNED BY NOEL MILLER - THE SAME PERSON THAT SIGNED ZACHARY LELL'S LETTER DENYING THE REFUND
OF THE APPEAL FEE.

In layman terms this type of transaction is referred as a BAIT AND SWITCH scheme. Tell the buyer, the car is equipped with six-cylinders when only 4 cylinders are under the hood. Enough said the City Staff and City Attorney failures are incredible.

AT NEXT WEEK'S COUNCIL MEETING WILL MY REPRESENTATIVES DO SOMETHING ABOUT THIS UNETHICAL CITY ATTORNEY BEHAVIOR.

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