2010 11 16 Yelm Fact Witnesses_Page_11
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EXPEDITE
_ Hearing is set:
Date /Time:
Calendar /Judge: McPhee
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
THURSTON COUNTY
ANDREW J. SMITH and CYNTHIA M.
SMITH, husband and wife,
Plaintiffs,
VS.
THE CITY OF YELM, a municipal
corporation; GRANT BECK; STEVE
CHAMBERLAIN; FH1 LLC, a Washington
corporation; DAN LEE, TRIANCE GROUP,
INC, d/b /a TRIANCE HOMES, a Washington
corporation and a licensed Washington
construction contractor; STATE FARM FIRE
& CASUALTY CO., Bond No. 98GD85307;
MAUREEN NIELAND; VANDORM
REALTY; a Washington corporation.
Defendants.
No. 09 -2- 02879 -3
FACT WITNESS DISCLOSURE OF
DEFENDANTS YELM AND BECK
Defendants Yelm and Beck hereby make the following disclosure of fact witnesses:
1. Plaintiffs Andrew and Cynthia Smith (plaintiffs have provided no address for
the plaintiffs other than plaintiffs' attorney's law office (see, Plaintiffs' Disclosure of Fact
Witnesses). Plaintiffs may give testimony regarding the allegations in their Complaint.
2. Defendant Grant Beck, Yelm Community Development Director, City of Yelm,
105 Yelm Ave. W.,Yelm, WA 98597. Mr. Beck may give testimony regarding the plat and the
FACT WITNESS DISCLOSURE OF
DEFENDANTS YELM AND BECK - 1
MORRIS LAW P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380.0948
Tel. 360. 830.0328 • Fax 360-850-1099
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other factual issues relating to the process for the plat, building permit and plat amendment
applications.
3. Yelm employees, including but not limited to Gary Carlson, Building Official;
Tim Peterson, Public Works Director; John Rowland, Building Inspector.
4. Steve Chamberlain (defendants have provided no address for the defendant other
than defendants' attorney's law office). Mr. Chamberlain may give testimony concerning the
plat, his company FH -1, LLC and the other factual issues relating to the purchase and sale of
the property to the plaintiffs, and the construction, contracting, and permitting process involved
in the subject litigation.
5. Dan Lee (defendants have provided no address for the defendant other than
defendants' attorney's law office). Mr. Lee may give factual testimony concerning the
construction, contract and permitting issues in this case, including the purchase and sale of the
property to the plaintiffs.
6. Maureen Nieland and Bob Nieland, Van Dorm Realty, 1530 Black Lake Blvd.
S.W., Olympia, WA 98501 (360) 943 -3800. The Nielands may give testimony relating to the
purchase and sale of the property at issue, including the conditions of sale.
7. Rita Hutcheson, Fire Chief and Mark King, Deputy Fire Chief, SE Thurston Fire
and EMS, 709 Mill Road S.E., Yelm, WA 98597. Ms. Hutcheson and Mr. King may give
testimony regarding the plat and plat amendment application submitted by the plaintiffs, and
their related conversation/correspondence.
8. Mike Olivant and Randy Raymond, Parametrix, Inc., 1231 Fryar Avenue,
Sumner, WA 98390. Mr. Olivant and Mr. Raymond may give testimony relating to the
utilities proposed for the subject plat, and the plaintiffs' plat amendment application.
9. Defendants City and Beck reserve the right to call any person identified in
deposition testimony and /or in Plaintiffs' or co- Defendants' written discovery responses.
10. Defendants incorporate by reference the Plaintiffs' and co- Defendants' witness
lists as if fully set forth herein, with the exception of all witnesses that the Plaintiffs and co-
Defendants have simply listed without making any effort to identify the substance of their
expected testimony (as required by court rule), such as the City of Yelm employees. The
Defendants City and Beck specifically object to the Plaintiffs' and co- Defendants' attempt to
list the Yelm City Council and Mayor as witnesses, again, because the substance of their
expected testimony is not identified, and also because they cannot be deposed under certain
circumstances.
FACT WITNESS DISCLOSURE OF
DEFENDANTS YELM AND BECK - 2
MORRIS LAW P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380.0948
Tel. 360. 830.0328 • Fox 360 -850 -1099
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11. Defendants reserve the right to reasonably supplement this list as discovery
reveals additional witnesses, or reveals additional knowledge on the part of witnesses
previously identified.
Dated this 16th day of November, 2010.
FACT WITNESS DISCLOSURE OF
DEFENDANTS YELM AND BECK - 3
MORRIS LAW P.C.
Ckol A. Morris, WSBA # 19241
Attorney for Yelm and Beek
MORRIS LAW P.C.
P.O. Box 948, 7223 Senwitch Lane N.W.,
Seobeck, WA 98380-0948
Tel. 360.830 -0328 • Fox 360. 850 -1099