2010 11 15 Smith Fact Witnesses_Page_1x
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• EXPEDITE
• Hearing is set:
Date /Time:
Calendar /Judge: Civil/McPhee
SUPERIOR COURT OF WASHINGTON
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FOR THURSTON COUNTY
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ANDREW J. SMITH and CYNTHIA M. SMITH,
10 Husband and Wife,
11 Plaintiffs,
12 V.
13 THE CITY OF YELM, et al.,
14 Defendants.
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NO. 09- 2- 02879 -3
PLAINTIFFS' DISCLOSURE
OF FACT WITNESSES
16 COME NOW the Plaintiffs herein through their undersigned attorney, and discloses the
17 following fact witnesses:
18 1. Andrew and Cynthia Smith, who are the Plaintiffs herein and are the owners of the
19 house which is at issue in this lawsuit, and have knowledge of the facts in this matter, and will
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testify on their own behalf.
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22 2. Numerous City of Yelm personnel, including employees, officials, and an attorney
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have been identified by Plaintiffs and the City of Yelm as persons with knowledge as to the facts
that pertain to this lawsuit. While not every person listed below will have knowledge on every
issue, each of the following individuals can testify on some aspect concerning: the building permit
issued for the Smiths' house; the conditions of approval placed upon the platted property;
PLAINTIFFS' DISCLOSURE CUSHMAN 924 CAPITOL WAY SOUTH
OF FACT WITNESSES - 1 LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATToRNEYs AT LAW (360) 5349183 FAX.: (360) 956 -9795
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agreements between the City of Yelm and the subdivider /developer of the property to fulfill the plat
conditions for Palisades West; the scope and costs of what remains to do to fulfill the plat
conditions for the uncompleted water and sewer utilities; and the State and City of Yelm regulations
concerning water and sewer utilities as well as Subdivision requirements. All of the persons listed
below can be contacted through Carol Morris, the attorney of record in this matter.
a. Grant Beck, Community Development Director
b. Tim Peterson, Yelm Public Works Director
C. Gary Carlson, Building Official
d. John Rowland, Yelm Building Inspector
e. Karen Bennet, Yelm Permit Coordinator
f. Tami Merriman, Yehn Associate Planner
g. Shelly Badger, Yelm City Administrator
h. Stephanie Ray, Yelm Project Manager
i. Kevin Ray, Yelm Public Works Lead
j. Edward "Smitty" Smith, Yelm Water Department
k. John Ivey, Yelm Water Department
1. Mayor Ron Harding
m. Yelm City Council Members in office during December 2007 — February
2008 and September 2009 — March 2010.
M. Brent Dille, City Attorney
3. Other Defendants in this case also have factual knowledge:
a. Steve Chamberlain, who is the principal for FH -1, LLC, which is the
subdivider /developer of the Palisades West Subdivision, will testify regarding the conditions placed
PLAINTIFFS' DISCLOSURE
OF FACT WITNESSES - 2
CUSEA AN 924 CAPITOL WAY SOUTI -I
LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATTORNEYS AT LAW (360) 53¢9183 FAX: (360) 956 -9795
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I upon the plat for preliminary approval and the conditions that remained unfulfilled at final plat
approval, the agreements Chamberlain/FH -1, LLC had with the City of Yelm as to fulfilling those
plat conditions, and the scope of the work that remained to be done to complete the plat conditions
I He can be contacted through his attorney, Richard L. Ditlevson.
b. Dan Lee, who is the builder for the contractor Triance Homes, which had a
I contract with Plaintiffs to build their house in Palisades West. He obtained the building permit for
the Smiths' residence from the City of Yelm, and will testify about that as well as his knowledge
concerning -the plat conditions, and his relationship with Steve Chamberlain/FH -t, LLC.
4. Maureen Nieland and Bob Nieland
VanDorm Realty
1530 Black Lake Blvd. SW
Olympia, WA 98501
943-3800
Although now dismissed from this lawsuit, former Defendants Maureen Nieland and
VanDorm Realty also have factual knowledge, and will testify regarding the readiness of the lots in
Palisades West for being available for sale and the facts regarding the sales transaction by which the
Smiths purchased their lot and custom home packet.
5. Additional witnesses:
a. Rita Hutcheson, Fire Chief and Mark King, Deputy Fire Chief
SE Thurston Fire & EMS
709 Mill Rd SE
Yelm, WA 98597
3601458 -2799
Ms. Hutcheson and Mr. King will testify regarding the conversations they had with
the Plaintiffs and employees and officials from the City of Yelm concerning the ability to fight a
fire at the house which is the subject of this lawsuit.
PLAINTIFFS' DISCLOSURE
OF FACT WITNESSES - 3
CUSFE VL�N 924 CAPITOL WAY SOUTH
LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATCORNEYs AT LAW (360) 534 -9183 FAX: (360) 956 -9795
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b. Mike Olivant and Randy Raymond, Professional Engineers
Parametrix, Inc.
1231 Fryar Avenue
Sumner, WA 98390
253/863 -5128
Mr. Olivant and Mr. Raymond are engineers with whom the City of Yelm contracts
to work on engineering for the City's sewer and water utilities. They also reviewed the Smiths'
engineer's proposal to resolve the water booster pump and sewer valve issues pertaining to their
house, only, as an interim measure until the full -plat requirements could be completed. They will
testify regarding the City of Yelm's water and sewer utilities in general and those for the Plat of
I Palisades West specifically, their review of the Smiths' engineer's proposal, and their conversations
with Steve Chamberlain, Vince McClure, City of Yelm employees and officials, and Washington
State Department of Health personnel concerning any of these matters.
C. Mark Steepy and Clint Pierpoint
KPFF Engineers
4200 South Sixth Avenue, Suite 309
Lacey, WA 98503
360/292 -7230
Mr. Steepy and Clint Pierpoint are professional engineers, and will testify about
platting requirements as well as the City of YeIm's water and sewer utilities in general and those for
the Plat of Palisades West specifically, and their conversations with Steve Chamberlain, Vince
McClure, City of Yelm employees and officials, and Washington State Department of Health
personnel concerning any of these matters.
d. Vince McClure
c/o Ben Cushman
Mr. McClure is a professional engineer who has factual knowledge about the
proposals to increase the water pressure to the Smiths' house and address the potential for odor
problems from the sewer gas build -up, so as to provide an interim solution to those issues, until the
PLAINTIFFS' DISCLOSURE CUSHMAN 924 CAPITOL WAY SouTR
OF FACT WITNESSES - 4 LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATTORNEYs AT LAW (360) 5349183 FAX: (360) 956 -9795
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time that the full -plat improvements were constructed, and can testify as a fact witness to his
conversations that he had about those proposals.
e. Personnel from the Washington State Department of Health who have
worked with the City of Yelm's engineers and consultants regarding the City's water and sewer
utilities, in general and for the Plat of Palisades West specifically, and those Department of Health
employees who specifically reviewed the Smiths' engineering proposal from Vince McClure, will
testify regarding those matters as well as the regulatory requirements. Discovery is currently in
progress, and specific persons will be identified when that information becomes available.
£ Douglas R. Bloom
Rainier General Development
P. O. Box 628
Rainier, WA 98576
360/400 -0740
Mr. Bloom is a property developer, and can testify about platting requirements and
plat conditions, generally, and for the Plat of Palisades West specifically. He will also testify
regarding financing of the plat along with associated regulatory reviews.
6. Gregory Hinkle
Senior Loan Officer
Home Street Bank
720 Lilly Rd SE
Olympia, WA
360/438 -4200
Mr. Hinkle will testify concerning the construction loan on the Smiths' residence.
7. John Johnson (formerly with Triance Homes)
Address to be supplied
Mr. Johnson was the person from Triance Homes who initially met with Plaintiff and
was the person who put together their house engineering plans. He will testify about the initial
permitting, engineering, and approval of the project.
PLAINTIFFS' DISCLOSURE CUSHMAN 924 CAPITOL WAY SOUTH
OF FACT WITNESSES - 5 LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATTORNEYS AT LAW (360) 5349183 FAX: (360) 956.9795
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8. Defendant City of Yehn has identified various witnesses concerning the foreclosure
I and matters relating to the foreclosure of the properties in the Plat of Palisades West (excluding the
Smiths' Lot 15), and the abutting property that had been slated for a future Palisades division and
annexation into the City. Discovery is currently in progress, so at this time we are preserving our
rights to call them as witnesses:
1206/406-5002.
a.
b
Kathleen HerdIein and Ron Remaine, Washington First International Bank,
Lee Allison, Plats Perfected, LLC, 253/536 -1988
C. Lou Larson and Greg Diener
Pacific Engineering
15445 53rd Avenue S., Suite 100
Seattle, WA 98188
206/431 -7970
9. Defendant City of Yelm has identified several former City employees who have
knowledge of facts pertaining to this lawsuit. Discovery is currently in progress, so at this time we
preserving our rights to call them as witnesses:
a. Jim Gibson, P.E. (former city engineers)
2102 -H Carriage Drive SW
Olympia, WA 98502
360/352 -1465
b. Nisha Box c/o Rita Rohila
5633 54" Avenue SE
Lacey, WA 98503
360/915 -8744
C. Steve Harrington
1519 Oxford Lane
Centralia, WA 98531
360/508 -0070
10. Plaintiffs also intend to call as witnesses, any witnesses disclosed or later named by
any other party.
PLAINTIFFS' DISCLOSURE CUSHMAN 924 CAPITOL WAY SOUTH
OF FACT WITNESSES - 6 LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATTORNEYS AT LAS✓ (360) 5349183 FAX: (360) 956 -9795
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10. Plaintiffs reserve the right to supplement if additional facts become known, and
reserve the right to call rebuttal witnesses.
DATED this 15th day of November, 2010.
PLAINTIFFS' DISCLOSURE
OF FACT WITNESSES - 7
CUSHMAN LAW OFFICES, P.S.
By
Be Cushman, WSBA #26358
Attorneys for Plaintiffs
CUSHMAN 924 CAPITOL WAY SOUTH
LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATTORNEYS AT LAW (360) 534 -9183 FAX: (360) 956 -9795