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r . � <br /> r <br /> the conference, a schedule for submittal of pre-hearing motions was set. On December <br /> 19, 2001, th� City of Everett filed a Motion for Summary Judgment, which included <br /> attachments and a legal memorandum. On January 14, 2002, Owa, tt��ough his <br /> attorney, filed responses to the City's Motion for Summary Judgment. Attachments and <br /> legal authority were also submitted by Owa. <br /> A review has been made of the submitted documents. Based on the review and <br /> pursuant to EMC 2.23.165, the appeal is summariiy dismissed in whole because all <br /> issues of appeal are beyond the scope of the jurisdiction of the Hearing Examiner. The <br /> Hearing Examiner has no jurisdictional authority to provide advisory interpretations of <br /> the Everett Municipal Code; to determine variances from the provisions of EMC <br /> 17.12.120; and, to consider permits that have not been formally applied for with the City <br /> of Everett. Further, the Hearing Examiner has no jurisdiction on res judicata issues, or, <br /> issues currently pending before the Washington State Court of Appeais. The Summary <br /> Judgment is granted, and there will be no hearing on this appeal. <br /> A detailed statement of the legal authority supporting this Summary Judgment granted <br /> by the Hearing Examiner will be filed with the City and provided to the parties no later <br /> than February 1, 2002. <br /> Do�e and dat�d this 17th day of January, 2002. <br /> "� w 11J. �J,cco�c�e� <br /> Jam . Driscoll <br /> Hearing Examiner <br /> 2 �i <br />