Free Objections - District Court of Colorado - Colorado

Case 1:04-cv-01186-MSK-BNB

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Filed 08/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1186-MSK-BNB JAMES A. PORTER, Plaintiff, v. THE CITY OF MONTROSE, COLORADO, Defendants. ______________________________________________________________________________ CITY OF MONTROSE'S AMENDED OBJECTIONS TO PLAINTIFF'S REVISED EXHIBIT LIST ______________________________________________________________________________ Defendant, CITY OF MONTROSE, by its attorneys, THOMAS S. RICE of the law firm SENTER GOLDFARB & RICE, L.L.C., hereby provides the following amended objections to Plaintiff's exhibits to be used at trial [Dkt. #38]. The City is amending its prior objections based upon its receipt of Plaintiff's exhibits:
EXHIBIT NO.

DESCRIPTION Plat for the Mallett Commercial Development Sketch Plan One from Mesa Engineering Plaintiff's Exhibit 1 for the Plaintiff's Exhibit 1 for the hearing with the City of Montrose ­ Warranty Deed between J. Roger Trosper a/k/a John Roger Trosper and James A. Porter for Lot 2, Mallet Minor Subdivision dated October 6, 1998

OBJECTIONS Authenticity; relevance; no probative value, incomplete; Rule 106. No objection.

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EXHIBIT NO.

DESCRIPTION Plaintiff's Exhibit 2 for the City of Montrose ­ State Highway Access Permit signed by James A. Porter on May 10, 1999, and signed by a representative of CDOT on June 3, 1999 with attached documentation. Plaintiff's Exhibit 4 for the hearing with the City of Montrose ­ State Highway access permit application signed by James A. Porter on March 21, 2002, with correspondence from the State of Colorado to James Porter dated April 1, 2002, with access timeline, report dated Monday, April 1, 2002, regarding posted speed limit and peak hour volume, list of access within one mile of subject, photograph looking right or west, photograph looking left or east, photograph looking into proposed access, correspondence from the State of Colorado to James Porter dated April 11, 2002, Colorado Department of Transportation State Highway Access Field Worksheet, and correspondence from the State of Colorado to James Porter dated June 3, 2000" Plaintiff's Exhibit 5 for the hearing with the City of Montrose ­ State Highway Access Permit Application for application by the City of Montrose for property owned by the City of Montrose and signed by the City Engineer G. Peter Borner on March 3, 2002. Plaintiff's Exhibit 6 for the hearing with the City of Montrose ­ Correspondence from the Office of the City Manager of Montrose to Mr. Owen Leonard, Region Director for the Colorado Department of Transportation dated April 10, 2002.

OBJECTIONS Relevance; hearsay; no probative value; cumulative evidence.

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Relevance; no probative value; hearsay; incomplete; confusion of issues; authenticity; cumulative evidence; lack of foundation.

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Relevance; no probative value; confusion of issues; cumulative evidence; Rule 403.

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Hearsay; relevance; no probative value; cumulative evidence; improper impeachment under Rule 608.

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EXHIBIT NO.

DESCRIPTION Plaintiff's Exhibit 7 for the hearing with the City of Montrose ­ Correspondence from the State of Colorado to Mr. John Schneiger, Montrose City Manager, dated April 24, 2002. Plaintiff's Exhibit 8 for the hearing with the City of Montrose ­ State Highway Access Permit signed by Permittee Peter Borner, City Engineer, on June 9, 2002 and signed by a representative of the Colorado Department of Transportation on June 13, 2002, with attached documents.

OBJECTIONS Hearsay; relevance; no probative value; cumulative evidence; lack of foundation; confusion of issues; Rule 106. Relevance; no probative value; Rule 403; cumulative evidence; confusion of issues; Rule 106.

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Plaintiff's Exhibit 9 for the hearing with the City of Montrose ­ Correspondence from the City Engineer, G. Peter Borner to James Porter dated June 10, 2002 with attached correspondence from G. Peter Borner dated June 14, 2002 and an appeals process document. Plaintiff's Exhibit 10 for the hearing with the City of Montrose ­ correspondence from Aaron Clay to the City of Montrose dated August 8, 2002 with attached Exhibit "A" (correspondence from the City Engineer to James Porter dated June 10, 2002.

Hearsay; cumulative evidence; confusion of issues; Rule 403.

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Hearsay; cumulative evidence; confusion of issues; Rule 403; relevance; no probative value.

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EXHIBIT NO.

DESCRIPTION Plaintiff's Exhibit 11 for the hearing with the City of Montrose ­ Correspondence from G. Peter Borner, City Engineer, to James Porter dated November 22, 2002, with attached State Access Permit signed by G. Peter Borner on November 22, 2002, Terms and Conditions of State Highway Access Permit #302125 issued to James A. Porter and dated November 22, 2002, Terms and Conditions of State Highway Access Permit #301086 dated July 16, 2001 issued to Bob & Susan Duzik, and page two of the State Highway Access Permit Form 101. Plaintiff's Exhibit 12 for the hearing with the City of Montrose ­ Correspondence from Aaron Clay to the City of Montrose dated December 26, 2002.

OBJECTIONS Hearsay; relevance; no probative value; Rule 403; parts of this exhibit may not have been previously disclosed; incomplete; cumulative evidence; confusion of issues.

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Plaintiff's Exhibit 13 for the hearing with the City of Montrose ­ Correspondence from the City Attorney Greg Clifton for the City of Montrose to Aaron Clay dated January 28, 2002. Correspondence from the State of Colorado to Aaron Clay dated April 9, 2002. Correspondence from the State of Colorado to Aaron Clay dated April 17, 2003.

Hearsay; cumulative evidence; relevance; no probative value; Rule 403; confusion of issues; incomplete; Rule 106. The City reserves the right to supplement its objections to Exhibit 12 in the event that Plaintiff provides a copy of the exhibit that he intends to offer at trial. Relevance; no probative value; hearsay; cumulative evidence; lack of foundation; improper impeachment under Rule 608. Hearsay; relevance; no probative value. Hearsay; relevance; no probative value.

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EXHIBIT NO.

DESCRIPTION Colorado Department of Transportation Facsimile Transmittal from Mike Smith to Aaron Clay consisting of 35 pages"

OBJECTIONS Hearsay; relevance; no probative value; cumulative evidence; confusion of issues; lack of foundation. The City reserves the right to supplement its objections to Exhibit 16 in the event that Plaintiff provides a copy of the exhibit that he intends to offer at trial. Hearsay; relevance; no probative value; cumulative evidence; confusion of issues; Rule 403.

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Colorado Department State Highway Access Permit signed by James A. Porter on May 10, 1999 and signed by a representative of the Colorado Department of Transportation dated June 3, 1999, with attached documentation (consists of 7 pages total). Various portions of the State Highway Access Code dated August 31, 1998.

Relevance; no probative value; confusion of issues; incomplete; lack of foundation; Rule 403.

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Facsimile Transmission from Greg Clifton, City Attorney, City of Montrose to Aaron Clay dated February 24, 2003. Correspondence to Greg Clifton, City of Montrose, from Aaron Clay dated January 2, 2003. Correspondence dated June 10, 2002, from G. Peter Borner to James Porter.

Relevance; no probative value; cumulative evidence.

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Hearsay; relevance; no probative value; cumulative evidence; incomplete; Rule 106. Hearsay; relevance; no probative value; cumulative evidence; improper impeachment under Rule 608. Hearsay; relevance; no probative value; cumulative evidence; Rule 403; lack of personal knowledge; improper impeachment under Rule 608.

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Correspondence dated October 2, 2002, from Greg Clifton, City Attorney City of Montrose, to Aaron Clay.

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EXHIBIT NO.

DESCRIPTION Correspondence dated August 19, 2002, from Dan Roussin, Region 3 Unit Permit Manager, State of Colorado, Department of Transportation, to Aaron Clay.

OBJECTIONS Hearsay; relevance; no probative value; cumulative evidence; legal conclusion; lack of personal knowledge; lack of foundation.

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Correspondence dated August 8, 2002, to the Colorado Department of Transportation from Aaron Clay. Aerial photograph of property and surrounding area. Del-Mont Consultants, Inc. correspondence to David Kienholz and Jim Porter dated January 8, 2002.

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Memorandum to Montrose County Planning Commission from Montrose City Planning dated May 17, 1996, regarding Miles/Trosper Rezoning. Plat of M and M Minor Subdivision, Map Relevance; no probative value; of Proposed Highway 90 Access Permit authenticity; Rule 403. and Map of Proposed Rezoning. Photographs of Plaintiff's property stored Authenticity; relevance; no on a compact disc (previously provided probative value; cumulative and will be duplicated again for evidence. Defendant upon request). Respectfully submitted, SENTER GOLDFARB & RICE, L.L.C.

Hearsay; relevance; no probative value; cumulative evidence; Rule 403; lack of foundation. Relevance; no probative value; authenticity. Hearsay; relevance; no probative value; cumulative evidence; failure to disclose, incomplete; lack of foundation; opinion testimony not in compliance with Rule 702. Relevance; no probative value; incomplete; cumulative evidence; lack of foundation; incomplete.

By: s/Thomas S. Rice Thomas S. Rice 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 Attorney for Defendant City of Montrose

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 11th day of August 2005, I electronically filed a true and correct copy of the above and foregoing CITY OF MONTROSE'S AMENDED OBJECTIONS TO PLAINTIFF'S REVISED EXHIBIT LIST with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address: [email protected] _s/ Stephanie A. Nelson ______________ Stephanie A. Nelson e-mail: [email protected] Secretary for Attorney Thomas S. Rice

WJS0074

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