Free Exhibit List - District Court of Colorado - Colorado

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

Document 38

Filed 07/11/2005

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1186-MK-BNB JAMES A. PORTER, Plaintiff, v. THE CITY OF MONTROSE, COLORADO, Defendants. ______________________________________________________________________________ PLAINTIFF JAMES A. PORTER'S REVISED EXHIBIT LIST ______________________________________________________________________________ Plaintiff, James A. Porter, by and through his attorney, DONALD L. MCBEE, of HARSHMAN & MCBEE, hereby submits the following Revised Exhibit List pursuant to Magistrate Judge Boland's Minute Order [Dkt. #35] entered at the Final Pretrial Conference on June 27, 2005: EXHIBIT NO. 1 BRIEF DESCRIPTION STIPULATED

2

3

Plat for the Mallett Commercial Development Sketch Plan One from Mesa Engineering ­ Bates Numbered 001 Plaintiff's Exhibit 1 for the hearing with the City of Montrose ­ Warranty Deed between J. Roger Trosper aka John Roger Trosper and James A. Porter for Lot 2, Mallet Minor Subdivision dated October 6, 1998 ­ Bates Numbered 001 Plaintiff's Exhibit 2 for the hearing with 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 ­ Bates

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

Document 38

Filed 07/11/2005

Page 2 of 6

EXHIBIT NO.

BRIEF DESCRIPTION

STIPULATED

4

Numbered 001 - 006 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 01, 2002, regarding posted speed limit and Peak Hour Volume, List of Access within 1 mile(s) 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 A. Porter dated June 3, 2000 ­ Bates Numbered 001 - 011.

5

6

7

8

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 ­ Bates Numbered 001. 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 ­ Bates Numbered 001. 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 ­ Bates Numbered 001. Plaintiff's Exhibit 8 for the hearing with the City of Montrose ­ State Highway Access Permit signed by Permittee Peter Borner, City Engineer, 2

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

Document 38

Filed 07/11/2005

Page 3 of 6

EXHIBIT NO.

BRIEF DESCRIPTION

STIPULATED

9

10

11

12

13

14

on June 9, 2002, and signed by a representative of the Colorado Department of Transportation on June 13, 2002, with attached documents ­ Bates Numbered 001 ­ 006. 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 ­ Bates Numbered 001 ­ 003. 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) ­ Bates Numbered 001 - 003. 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 Highway 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 ­ Bates Numbered 001 ­ 007. 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 ­ Bates Numbered 001 ­ 002. 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 ­ Bates Numbered 001 ­ 002. Correspondence from the State of Colorado to Aaron Clay dated April 9, 2003 ­ Bates 3

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

Document 38

Filed 07/11/2005

Page 4 of 6

EXHIBIT NO.

BRIEF DESCRIPTION

STIPULATED

15

16

17

18

19

20

21

22

Numbered 001. Correspondence from the State of Colorado to Aaron Clay dated April 17, 2003 ­ Bates Numbered 001. Colorado Department of Transportation Facsimile Transmittal from Mike Smith to Aaron Clay consisting of 35 pages ­ Bates Numbered 001 ­ 035. 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) ­ Bates Numbered 001 ­ 007. Various portions of the State Highway Access Code dated August 31, 1998 ­ Bates Numbered 001 ­ 011. Facsimile Transmission from Greg Clifton, City Attorney, City of Montrose to Aaron Clay dated February 24, 2003 ­ Bates Numbered 001. Correspondence to Greg Clifton, City of Montrose, from Aaron Clay dated January 2, 2003 ­ Bates Numbered 001. Correspondence dated June 10, 2002, from G. Peter Borner to James Porter ­ Bates Numbered 001. Correspondence dated October 2, 2002, from Greg Clifton, City Attorney City of Montrose, to Aaron Clay ­ Bates Numbered 001. Correspondence dated August 19, 2002, from Dan Roussin, Region 3 Unit Permit Manager, State of Colorado, Department of Transportation, to Aaron Clay ­ Bates Numbered 001. Correspondence dated August 8, 2002, to the Colorado Department of Transportation from Aaron Clay ­ Bates Numbered 001 ­002. Aerial photograph of property and surrounding area ­ Bates Numbered 001.

23

24

25

4

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

Document 38

Filed 07/11/2005

Page 5 of 6

EXHIBIT NO. 26

BRIEF DESCRIPTION

STIPULATED

27

28

Del-Mont Consultants, Inc. correspondence to David Kienholz and Jim Porter dated January 8, 2002 ­ Bates Numbered 001 ­ 005. Memorandum to Montrose County Planning Commission from Montrose City Planning dated May 17, 1996, regarding Miles/Trosper Rezoning ­ Bates Numbered 001 ­ 005 Plat of M and M Minor Subdivision, Map of Proposed Highway 90 Access Permit and Map of Proposed Rezoning ­ Bates Numbered 001 - 003 Photographs of Plaintiff's property stored on a compact disc (previously provided and will be duplicated again for Defendant upon request. Any exhibit endorsed by Defendant. RESPECTFULLY submitted this 11th day of July, 2005. HARSHMAN AND McBEE, P.C. The duly executed original of this document is on file in the offices of Harshman & McBee and is available for inspection and/or copying upon request S/ Donald L. McBee Harshman and McBee, P.C. 1021 Main Street Grand Junction, CO 81501 Telephone: (970) 243-7887 FAX: (970) 245-5566 Email: [email protected] Attorney for Plaintiff

29

5

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

Document 38

Filed 07/11/2005

Page 6 of 6

CERTIFICATE OF MAILING I hereby certify that on the 11th day of July, 2005, I placed a true and correct copy of the above and foregoing PLAINTIFF JAMES A. PORTER'S REVISED EXHIBIT LIST in the United States mail, postage prepaid, addressed as follows: Wendy J. Shea, Esq Senter, Goldfarb & Rice, LLC 1700 Broadway, Suite 1700 Denver, CO 80290 The duly executed original of this document is on file in the offices of Harshman & McBee and is available for inspection and/or copying upon request

S/ Katherine Schaaf Katherine Schaaf

6