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<br />Timothy J. Nelson <br />March 7, 1997 <br />Page 2 <br /> <br />/1 <br /> <br />hearings. The City does not have practice of holding such hearings. Everest and <br />the other commentors have part' ipated to a very significant and meaningful extent <br />in the environmental review cess through their written comments. At the City <br />Council meeting on March 2 , he regular practices of the City regarding public <br />comment will continue to ap nder the circumstances you should not expect the <br />City to schedule a hearing. <br /> <br /> <br />Because Everest commenced a lawsuit regarding the subject matter of this <br />review in December, your practice of communicating regarding the same subject <br />matter through direct correspondence with the City complicates the process of <br />providing a timely and appropriate response. It may not be unethical for Everest to <br />communicate to the City in this manner but the City's attorneys have ethical <br />obligations that prevent us from communicating in the same manner with you. For <br />that reason I would prefer that Everest Development Ltd. communicate through its <br />counsel regarding this subject matter so long as it remains the subject of litigation. <br /> <br />~v~~~ <br /> <br /> <br />John M. Baker <br /> <br />cc: George Ludcke, Esq. <br />