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0 • <br /> 1 conditions found by the Examiner to be in violation of the EMC (and which continue to remain on <br /> 2 the property) are public nuisances subject to abatement. Second, the Court should rule that the <br /> 3 conditions described in the declaration filed in support of this brief qualify as nuisances. A finding <br /> 4 under either ground will support the entry of the relief the City seeks. <br /> 5 2. STATEMENT OF GROUNDS <br /> 6 Defendant City of Everett seeks summary judgment pursuant to Rule 56(a) and (c) of the <br /> 7 <br /> Rules of Civil Procedure, injunctive relief pursuant to RCW 7.48.020, and a warrant of abatement <br /> 8 <br /> pursuant to RCW7.48.030,250,and 260. <br /> 9 <br /> 10 3. STATEMENT OF ISSUES <br /> 11 1. Whether the City's motion for summary judgment should be granted because the <br /> 12 conditions on Yost's property are public nuisances as held by the City's violations hearing <br /> 13 examiner? <br /> 14 2. Whether the City's motion for summary judgment should be granted because the <br /> 15 conditions on the property are public nuisances as defined by chapter 7.48 RCW? <br /> 16 <br /> 3. Whether an injunction preventing Yost from allowing them in the future is <br /> 17 <br /> 18 appropriate? <br /> 19 4. Whether the Court should grant and issue the City a warrant of abatement to abate <br /> 20 the nuisance conditions on Yost's property? <br /> 21 4. EVIDENCE RELIED UPON <br /> 22 The City of Everett relies upon this motion, the Declaration of Cynthia Keirsey, the <br /> 23 Declaration of Steve Goforth, the Declaration of Bruce Bosman, the Declaration of Kathryn <br /> 24 <br /> Rathbun,and all other documents and pleadings filed in this action. <br /> 25 <br /> 5. STATEMENT OF FACTS <br /> Yost Summary Judgment Motion OFFICE OF THE CITY ATTORNEY <br /> Page 3 of 23 CITY OF EVERETT <br /> 2930 Wetmore Avenue,10-C <br /> Everett WA 98201 <br /> (425)257-7000 <br />