2009 12 17 Smith Summons and Complaint_Page_01I Q EXPEDITE
2 0 Hearing is set:
Date /Time:
3 Calendar/Jud-e:
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SUPERIOR COURT OF WASHINGTON
8 FOR THURSTON COUNTY
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ANDREW J. SMITH and CYNTHIA M. SMITH,
10 Husband and Wife,
Plaintiffs,
12 V,
13 THE CITY OF DOE, a Municipal Corporation;
GRANT BECK; STEVE CHAMBERLAIN; FH I,
14 LLC, a Washington corporation; DAN LEE;
15 TRIANCE GROUP INC., d/b/a TRIANCE,
HOMES, a Washington corporation and a licensed
16 Washington construction contractor; STATE
FARM FIRE & CASUALTY CO., Bond No.
17 98GD85307; MAUREEN NIELAND;
18 VANDORM REALTY, INC., a Washington
corporation.
19 Defendants.
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() 9 0 2
NO.
SUMMONS
21 A lawsuit has been started against you in the above-entitled court by Plaintiff. Plaintifff s claim
22 is stated in the written complaint, a copy of which is served upon you with this Summons.
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In order to defend against the lawsuit, you must respond to the complaint by stating your
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defense in writing, and by serving a copy upon the person signing this summons within 20 days after
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the service of this Summons, or within 60 days if this Summons was served outside the State of
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23 Washington, excluding the day of service, or a default judgment may be entered against you without
28 SUMMONS - I CUSH NIAN 924 C APIT01, WAY SOUT) I
LAW OFFICES, PIS. OINNWIA, WASHINGTON98501
AITORNI"YS AT LAW (360) 534-9183 FAX: (360) 956-9795
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I notice. A default,judgment is one where Plaintiff is entitled to what they ask for because you have not
responded. If you serve a notice of appearance on the undersigned attorney, you are entitled to notice
before a default judgment may be entered.
You may demand that the Plaintiff file the lawsuit with the court. If you do so, the demand
Must be in writing and must be served upon the person signing this Summons. Within 14 days after the
service of the demand, the Plaintiff Must 51C this lawsuit with the court, or the service on you of this
I Summons and Complaint will be void.
If you wish to seek the advice of an attorney in this matter, You should do so promptly so that
your written response, if any, may be served on time.
This Summons is stated pursuant to Rule 4 of the Superior Court Civil Rules of the State of
Washington.
DATED this
SUVINIONS - 2
day of December, 2009.
CUSHMAN LAW OFFICES, P.S.
,,.Ben D. Cushman, WSBA -9 26358
Attorney for Plaintiffs
CUSHNLA_\� 924 (--VV[ 01, \VAY S01:1-1 i
1,-\w OFFICI::S, R& OLYMMA, WASI 1IN'GTON: 98501
JRNE S AT LAW (360) 534-9183 [:A_\: (360) 950-9795
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• EXPEDITE
• Hearing is set:
Date/Time:
Caletidar/judl-e:
8 1 SUPERIOR COURT OF WASHINGTON
FOR THURSTON COUNTY
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ANDREW J. SMITH and CYNTHIA ,VI. SMITH,
Husband and Wife,
12 V.
13 THE CITY OF DOE, a Municipal Corporation;
GRANT BECK; STEVE CHAMBERLAIN; FH I,
14 LLC, a Washington corporation; DAN LEE;
15 TRIANCE GROUP INC., d/b/a TRIANCE
HOMES, a Washington corporation and a licensed
16 Washington construction contractor; STATE
FARM FIRE & CASUALTY CO., Bond No.
17 98GD85307; MAUREEN NIELAND;
VANDOfUM REALTY, INC., a Washington
18 corporation.
19 Defendants.
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NO. tj 9 - *-°o28 7' 9- 3
CONIPLAFNIT FOR BREACH OF
CONTRj',CT, MANDAMUS, BREACH
OF DUTY, AND DAMAGES
21 COME NOW the Plaintiffs Andrew & Cynthia Smith, through their attorney Ben D. Cushman
22 of Cushman Law Offices, P.S., and for their Complaint against Defendants, state as follows:
23 I. PARTIES
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1.1 Plaintiff's are residents of Thurston County, and their property which is the subject of
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this lawsuit is located within Thurston County. All acts complained of occurred in "Thurston County.
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27 L2 Defendant City of Doe is a municipality located within Thurston County.
COMPLAINT FOR AND BREACI-1 OF CUSHNIAN 92-4 CANT01,14`AY SOUTI 1
28 CONTRACT, MANDAMUS. BREACH LAW OPTICE'S, P.S. 0i,y.mm.,k, W;\smN,(;'ro,,,' 1)8501
(360) 534-9183 FAX; (360) 1�56-9795
OF DUTY, AND DAMAGES - I ATFORNHY.; ATLAW
iR
Si
NO. tj 9 - *-°o28 7' 9- 3
CONIPLAFNIT FOR BREACH OF
CONTRj',CT, MANDAMUS, BREACH
OF DUTY, AND DAMAGES
21 COME NOW the Plaintiffs Andrew & Cynthia Smith, through their attorney Ben D. Cushman
22 of Cushman Law Offices, P.S., and for their Complaint against Defendants, state as follows:
23 I. PARTIES
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1.1 Plaintiff's are residents of Thurston County, and their property which is the subject of
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this lawsuit is located within Thurston County. All acts complained of occurred in "Thurston County.
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27 L2 Defendant City of Doe is a municipality located within Thurston County.
COMPLAINT FOR AND BREACI-1 OF CUSHNIAN 92-4 CANT01,14`AY SOUTI 1
28 CONTRACT, MANDAMUS. BREACH LAW OPTICE'S, P.S. 0i,y.mm.,k, W;\smN,(;'ro,,,' 1)8501
(360) 534-9183 FAX; (360) 1�56-9795
OF DUTY, AND DAMAGES - I ATFORNHY.; ATLAW
1 13 Defendant Grant Beck is employed by the City of Doe, and resides in Thurston County
2 1.4 Defendant Steve Chamberlain is the lZeaistcred Aacrit for Defendant FI-I 1, LLC, a
3 Washinoton corporation, has a re-gistered business address of 4200 6"' Avenue SL, Suite 309, Lacey,
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WA, and does business in Thurston County.
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1.5 Defendant Dail Lee is the Registered A�,cnt for Defendant Triance Group Incorporated,
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a construction contractor business registered with the Washington State Department of Labor &
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8 Industries Linder License No, TRIANG194600, having.; a reuistered business address of 4200 6"' Avenue
9 SE, Suite 301, Lacey, WA, and County.
doing business in Thurston . This business is located on the
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10 same floor as Steve Chamberlain's engineering firm, SCA Consulting Group. Dail Lee has an email
11 address, d1l0t.scagroup.corn which denotes that he is also affiliated with Steve Chamberlain.
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1.6 Defendant State Farm Fire and Casualty Co. holds the construction bond for Triance
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14 Group Incorporated, Linder Bond No. 98GD85307,
15 1.7 Maureen Nieland is a realtor with Van Dorm Realty, Inc., who acted both as the Buyers!
16 and Sellers' agent in the subject real estate transaction, which occurred in Thurston County, Van Dorm
17 Realty, Inc., is a Washington corporation that does business in Thurston County.
18 11. JURISDICTION AND VENUE
19 2.1 Venue and jurisdiction are properly in Thurston County Superior Court Linder RCW
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4,12.010, 4,12.020, and 4.12.025.
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22 111. FACTUAL ALLEGATIONS
23 3.1 On September 27, 2006, the Hearing Examiner for the City of Doe approved the
24 preliminary plat of Forrester I-leights Phase I (now known as Palisades West), a 24-lot single-family
25 subdivision. The applicant and developer for the preliminary plat was F111, LI-C. Among Findings 0
26 made by the Examiner were Finding Nos. I I and 12 identifving that water and sewer would be
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CONIPLAINT FOR AND BREACH OF C US I FMA N 924 CAPITOL WAY OUFI i
28 CONTRACT, MANDAMUS, BREACH LAW OFFICES, P-S,
OF DUTY, AND DAMAGES - 2 MTORNFY AT I.AA/ 956-971)5
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provided by the City of Doe, that the applicant (FFI I, LLC) Must install a booster pump for the water,
and nay need to install a pressure reCILICill- value to the sewer system to serve the plat:
11. The City of Yelm will provide both domestic water and fire flow Subject to the
applicant paying the current connection fee. Furthermore, due to the height of the
paying
parcel, the applicant must install a booster PUMP to provide both fire flow and
domestic water pressure. The applicant will decommission any existing wells on the
property. fhe preliminary plat makes appropriate provision for potable water.
11 The City Sewer Comprehensive Plan includes the property within its sewer service
area, and a sewer line Currently exists in SR-507 adjacent to the parcel. The
applicant will connect to the City sewer system and will pay the connection fee.
Due to the topography of the site, the applicant may need to install a pressure
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reducing valve in accordance with City requirements. The plat makes appropriate
provision for sanitary waste.
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On December 11, 2007, the matter of approving the Final Plat of Palisades West came
before the City of Doe City Council, which signed off on this final subdivision, and added the
following two conditions as notes on the final plat, recorded on February 12, 2008:
No building permit shall be issued within this subdivision, until a booster purnp is
installed by the developer and approved by the City of Yelm which provides
adequate fire flow per the Internal Fire Code and City of YeIrn standards, provided
that a building permit may be issued for a model home if a fire protection plan is
approved by the City of Yelm Fire Marshall and SE Thurston Fire/EMS.
2. No certificate of occupancy for any habitable structure shall be issued until a sewer
roll seal is installed by the developer and approved by the City of Yelm.
13 Through their realtor, the Smiths learned of a lot for sale in Palisades West. The Smiths
bought that lot from FH 1, LLC for $84,000 based on the representation that the lot was developable,
that their general home design Could be built on the lot, and that the home Could be legally occupied
when built. These representations were made by Steve Chamberlain through Maureen Nicland.
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"aureen Nieland specifically assured the Smiths that the property was as represented.
3.4 4 On March 24, 2008, Andrew and Cynthia Smith entered into a Residential Real Estate
Durchase and Sale Agreement with Triance Flornes for the construction of their residence at 10756
�OMPLAINT FOR AND BREACH OF CUSFEVLAN 924 CAPITOL WAY)()L;*H I
'ONTRACT, MANDAMUS, BREACH LAW OFFICES, PS OLYMPIA, WASI IINGTON98501
)F DUTY, AND DAMAGES - 3 A'1'[*(!)RN1:YS ATLVIV (360) 534-9 1 8-S FAX. (360) 956-9795
Palisades Street, YeIrri. WA. Several amendments and addenda to this Agreement were enacted before
2 1 finally entering into the Fixed Conti-act Aniount. for 5329.350,00. which was executed on October
3 22008 by Dan Lee and October 6, 2008 by the Smiths.
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3.5 On September 17, 2008, in response to a Residential Building Permit Application dated
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September 5, 2008, and the payment of all required fees, including fees for the connections to sewer
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and "rater, as well as fees for fire and school impacts, totaling $14,419.39, the City of Doe issued
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8 Building Permit No, BLD-08-0326-Y'L to Triance Hornes for the construction of the Smiths' residence
9 at 10756 Palisades Street SE, DOE, WA, on Lot of 15 of the Plat of Palisades West, Tax Parcel No,
10 67110001500, The Residential Building Permit Application identified the General Contractor as
Triance Homes, and building owners as Andrew & Cynthia Smith.
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16 After the building permit had been approved, on October 8, 2008, the Smiths, through
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1 the recording of Deed of Trust, secured funding and financing in the amount of $371,950 to purchase
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15 Lot 15 and the agreed -upon improvements, which was amended on October 9, 2008 with a
16 Construction Rider, The Smiths separately paid $40,,000 directly to Triance Homes as a deposit, and
17 paid additional cash al-Mints of $1,800.00 and $1,721.00.
3.7 On October 8, 1008, the Statutory Warranty Deed for the purchase of Lot 15 of
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Palisades West was recorded, wherein FH I, LLC was the Grantor and Andrew & Cynthia Smith were
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21 the Grantees. The agreed-upon price for the lot was $84,000.
22 3.8 Since approximately April 2009, the Smith residence has been completed, but the City
23 1 of Doe will not issue an occupancy permit. At first, Grant Beck stated the reason for withholding the
24 1 occupancy permit was that without the booster PLIMP station, there would be inadequate water pressure
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to fight a fire at the Smith residence,
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To address that concerti, the Smiths'
builder Dan Lee met with
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the Fire Chief and Deputy Fire Chief
of the SE Thurston Fire & EMS, which resulted in an April 6,
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COMPLAINT FOR AND BREACH OF
C U S FINIA N
924 \V\Y Sot_-n i
CONTRACT, MANDA1\4US, BREACH
LAW OFFICES, P.S.
OLYMPIA, \VA.SH1N(;T(_)N 98501
OF DUTY, AND DAIMAGES - 4
A ITC RNEYS VI' L NAI
k360) 534-918) FAX: (360) 956-9795
2009 letter by the Fire Department outlining a successful fire-fighting plan, for even a 100% involved
2 1 fire at the Smith house, and the Fire Department stating that they Would support a decision to issue the
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Smiths all occupancy certificate prior to the installation of the pump station. Further, the Smiths stated
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they would waive liability on the part of the City should their home get damaged or destroyed by fire.
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3.9 Grant Beck next shifted the focus for denying the occupancy permit to the written plat
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requirements themselves. reiterating in an April 14. 2009 letter to Dan Lee how issuing a certificate of
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g occupancy would violate the conditions attached to the recorded plat, and suggested a plat amendment
9 process, although stated the Department of Community Development (of which Grant Beck is the
10 Director) Would oppose such an amendment.
3.10 In a June 5, 2009 meeting between the Smiths, Grant Beck, Tim Peterson, and Mayor
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Harding for City of Doe, Grant Beck stated to those in attendance that the City had issued the building
14 permit for Lot 15 because it had been represented to them it was going to be a model home [the only
15 exception allowed per Condition I (see Paragraph 3.22 above)], and that was the reason why the Smiths'
16 1 occupancy certificate was being withheld. However, a review of the building permit application and
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17 1 issued building permit (released by the City only after a public records request) clearly show, from the
is beginning, that the permit was for a private residence.
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3.11 On August 21, 2009, the Smiths, through their undersigned counsel, submitted an
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21 application for a minor plat amendment to exclude Lot 15 only from the two final plat conditions
(proposed amended language shown by underlining):
22 1., C I I,.:,
23 1, No building permit shall be issued within this subdivision, except for Lot 15, until a
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booster pLli-np is installed by the developer and approved by the City of Yelrn which
24 provides adequate fire flow per the Internal Fire Code and City of Yelrn standards,
25 provided that a building permit may be issued for a model home if a fire protection
plan is approved by the City of Yelm Fire Marshall and SE Thurston Firc/EMIS.
26 2. No certificate of occupancy for any habitable structure shall be issued, except for Lot 15.
27 until a sewer roll seal is installed by the developer and approved by the City of Yelm.
COMPLAINT FOR AND BREACH Of" CUSEEMAN 924 CAPITOL WAYSQUA-f I
28 CONTRACT, MANDAMUS, BRE;kCf-I f-'m 0l-'-1---lC1- S, t>.S.
Or DUTY, AND DAMAGES - 5 ATFORNFY A i'LAW "'160) 53-w)183 FAX: ,360)956-9795
The arounds on which the plat amendments were requested were explained in a letter accompanying
2 1 the application, One of the main reasons was that while the water and sewer upgrades were needed
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3 1 for a fully-developed plat, they were not necessary for only the one house, especially since the
responding fire department had concluded this One house could be SLICCeSSfullV served — assuming it
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6 1 was an occupied residence, and that it was in the public interest to enable an occupancy permit to be
7 granted to this fully-completed home. In the interest of compromise, the Smiths reiterated their prior
8 offer that if the City granted them an occupancy permit, they would agree to waive liability on the
9 City's part if their home were to be damaged or destroyed by fire,
3.12 For the reasons stated in the letter accompanying the plat amendment application,
accompanying
expediency was requested. Although the matter was noted for hearing before the City Council on
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September 22. 2009. on September 21, 2009, giving only one business day cancellation notice, Grant
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14 1 Beek unilaterally postponed the hearing until October 1-3), 20M Further,, during the intervening three
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15 1 weeks, Grant Beek continued to avoid substantive communication with the applicants' representatives,
16 1 despite numerous Phone messages and ernails to him,
17 1 3.13 When Grant Beck did submit his staff report for the October 13, 2009 City Council
18 hearing, (received on October 7, 2009), the main reasons for denial this time were that approving the
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Smith Occupancy without the booster pump station and sewer roll seal Would be violations of the
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International Fire Code and State Department of Health regulations, however he cited no specific fire
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22 1 codes or health regulations that were at risk of violation.
23 1 3.14 In responding to the staff report, the Smiths, through their engineer and attorney, pointed
24 1 Out: (1) there Would be no International Fire Code violation if, as what was done here, the responding
25 1 Fire District considered the specific situation and determined that it still can serve the house; and (2) the
26 Smiths' residence currently achieves 24 psi water pressure, and the City's own Water Comprehensive
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COMPLAINT FOR AND BREACH OF CUSH"MAN 924 CA PIT01. kVAYSOUT1 i
28 1 �A\V OFT"IcF,
CONTRACT, MANDAMUS, BREACH -S, P's, 11 NC;TW� 98501
AI' l,kV! ;36W, 534-9183 FAX: (36W 956-1)795
OF DUTY, AND DAMAGES - 6 1
1 1 Plan requires only 20 psi for single - family homes. Since no other homes in the subdivision could be
2 built without the upgrades in placc, the Smith residence should therefore be categorized as a stand-
alone sin -le- family home, which meets the City's water preSSUIV standard. At the conclusion of the
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October 13, 2009 public hearing. the City Council made the following motion:
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It has been moved and seconded to table this until the next regular Council meeting in
6 two weeks, to allow the attorneys, the attorney for the applicant and the City attorney, to
get together and attempt to work out a waiver which will be satisfactory to all parties,
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and which would allow, at that time, would allow the farrilly to move into their home,
115 During the ensuing two weeks between October I') and the Council's next regular
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meeting on October 27, 2009, both Grant Beck and Brent Dille the City Attorney, again continued to
ii avoid coordinated communications with the Smiths' attorney until the final few days before the
12 October 27, 2009 City Council meeting. Not once was the Smiths' proposed Waiver ever discussed.
13 Not only did Grant Beck and Brent Dille fail to carry out the City Council's directive to find a
14 satisfactory solution which would allow the Smiths to move into their home, Grant Beck used the
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15 services of the City's attorney to further a personal vendetta against Steve Chamberlain by fabricating
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obstacles in order to prevent the Si-niths from occupying their home in the hope that this would expose
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18 Steve Chamberlain to liability, Grant Beck issued a second staff report, accompanied by a letter from
19 Brent Dille which stated that the Department of Health requirement for 30 psi of water was mandatory
20 — without mentioning the regulatory exceptions. fie also asserted -- without any professional
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21 knowledge or basis in fact — that connecting the Smith residence to the sewer without the pressure
22 release valve would threaten the City's entire sewer system with an "over-pressurization event" (when
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in fact the probable consequence from not having the pressure valve Would be a minor odor at the
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sewer connection, occurring outdoors in a neighborhood occupied by no one other than the Smiths).
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26 3.16 At the City Council's October 27, 2009 meeting, after hearing-, the information provided
27 by the Smiths' engineer, again by unaiiiMOLIS vote the Council instructed the staff and City attorney to
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COMPLAINT FOR AND BREACH OF CUSKMAN 924 CAPITOL W \Y'S,0UP 1
28 CONTRACT, MANDAMUS, BREACH LAW: OFF---ICES, P.S. OLYMPIA, �VASTIINGTON 98501
OF DUTY, AND DAMAGES - 7 AITORNE YS,,k HAW (360) 534-9183 FAX: (360) 956-9795
1 1 work with the applicant to find Solutions. Specific directions included workino Out water and sewer
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engineering details so that the plat conditions Could be specifically addressed at the Smith's individual
3 lot and Douse, as opposed to sized for the entire plat, as well as finalization of the Waiver, and
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bringing that information back to their next meeting, on November 10, 22009.
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3.17 Instead of working with the Smiths' attorney to revise the Waiver, Brent Dille created
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an entirely new document that not only exceeded the scope of what the Smiths had originally
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8 proposed to waive, but is so open-ended, that the Smiths could be held liable for any and all fire,
9 sewer, and water malfunctions anywhere in the City, caused by any reason, known or unknown. Mr,
10 Dille's version is not a waiver. Rather, it is a form of private insurance in which the Smiths Would
11 personally insure the City of Doe frorn all damage to its infrastructure regardless of whether the
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Smiths or any improvement on the Smith land caused or worsened the damage. This is an improper
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14 attempt to shift general and public risk onto an individual family by burdening the family's property.
15 It is a taking without Just compensation.
16 3.18 After the City Council's October 27, 2009 meeting, the urgency to quickly process the
17 plat amendment had been lost, since the Smith's residence they had been renting was sold, and they
18 had to commit to another one-year rental lease on a different house. Nevertheless, the Smiths'
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engineer initiated a meeting with Randy Raymond of Pararnetrix, the City's retained engineering firm,
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Tim Peterson, City of Doe's Public Works Director, and a representative from the State Department of
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22 I regarding ealth, and immediately thereafter began working on engineering plans to address issues regarding
23 potable water, water pressure, and the sewer pressure- release valve,
24 3.19 In consultation with the City public works staff and Pararnetrix, the Smith's engineer
25 has developed and presented engineering solutions that completely address the City's stated concerns,
26 and prevent potential harm to the City of Doe or its infrastructure. Despite this, the City of Doe is
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COMPLAINT FOR AND BREACH OF C U S I INIA N 924 (:APITOL WAYSOUTH
28 CONTRACT, MANDAMUS, BREACH LAW OFFICE.'s, P.S, 98501
OF DUTY, AND DAMAGES - 8 ATI'(At,, FYS A I- 1,AW (360) 3344 AX
M') F� (360) 950-9195
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I ref isim-Y to allow the Smiths to move into their home, to amend the plat, or to issue a certificate of
occupancy, These are ministerial acts, and the City of Doe has no right or proper excuse to withhold
them. As such, this Court can and should issue a writ of mandamus to compel the City of Doe to take
I the actions necessary to allow the Smiths to move into and live in their home.
IV. CAUSES OF ACTION
4.1 Breach of Contract by Steve Chamberlain and F1-11. LI.C.
a. The Statutory Warranty Deed recorded October 10, 2008, -�vherein Fli I, LLC is
the Grantor and the Smiths are the Grantees, states:
This conveyance is subject to covenants, conditions, restrictions and easements, if any,
affecting title, which may appear in the public record, including those shown on any
recorded plat or survey, (Emphasis added.)
Based on the above lanqLiage, the conveyance was subject only to those restrictions of record which
affect title (e.&, easements and other ownership rights/obligations), The two final plat conditions
required FH 1, LLC to make upgrades to the City's water and sewer system for the plat, no portion of
which was to be owned, controlled, or maintained by the Smiths. Since those are conditions which
neither affect title, nor are affected by title, the failure of FH 1, LLC to implement those final plat
conditions is not an exception to its conveyance to the Smiths.
b. These Defendants represented to the Si-niths that Lot 15 was a buildable lot at
the time of their purchase on October 8, 2008. The $84,000 the Smiths paid for an approximately.
8,500 square foot lot in Yelill is a price reflective of a buildable lot served by all City utilities and
services. The contract between H-11, 1-1-C and the Plaintiffs was that the conveyed Lot 15 was
suitable for construction of the house contracted to be built by Triance Homes for the Smiths.
C. Steve Chamberlain is an engineer and developer, and had known since at least
the time of preliminary plat approval two years earlier in September 2006, that the booster pump
COMPLAINT FOR AND BREACH OF (�USHNLkN 924 CAPITOL WAY SOUTI I
CONTRACT, MANDAMUS, BREACH LAW, OFF"ICE's, P's. OLYMPIA, WASI UNGTO'N98501
OF DUTY, AND DAMAGES -9 A ITORNINsA'r 1--\w 136o) 534-918.3 FAX: �'360) 956-9795
1 station for the plat would be a requirement, and also knew that it was a significant cost, yet made no
2 disclosures of' the risks and potential problems to the Smiths if it could not be funded and installed.
3 Similarly, these Defendants knew, since at least the time of the final plat approval in December 2007,
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of both the water booster PUMP requirement and of the sewer pressure release valve which also
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needed to be installed, yet again. made 110 CliSCIOSUI-CS to the Smiths of the risks and potential
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7 problems if not installed. Without such disclosures, the Srniths could not have, and did not, anticipate
8 the scope of the problem and extent of the consequences.
9 4,2 Breach of Contract by Maureen Nieland and VanDorm Realty. These Defendants had
10 a duty to Buyers to investigate the scope of the risks involved if Defendants Chamberlain and FH I,
11 LLC did not complete the booster PLIMP station and other plat conditions. Since Defendants Nieland
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and VanDorm did know there was a potential problem due to a delay with the pump station, as agents
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for the Buyer, earning a commission, they were obligated to make further inquiry in order to ascertain
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15 all the risks and consequences, especially since the Smiths' Lot 15 was the first lot proposed for
16 construction in this plat. If the transaction had been properly investigated, the Smiths, would have
17 then been able to make a fully - informed decision abOLIt whether to purchase the lot and home
18 construction package on that lot.
19 43 Breach of'Contract by Dan Lee and Triance 1- tomes. In the Purchase and Sale
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Agreement, the Smiths were the purchasers, and Triance was identified sometimes as the Seller and
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22 other times as the Builder, Dan Lee acted as the agent of Triance Flornes, in the subject transaction by
23 participating in the negotiation ot*the purchase and sale agreement, the addenda thereto, and the
24 construction contract to build the Smiths' house on Lot 15 in the Plat of Palisades West. and by being
25 the signatory on these documents on behalf of Triance. The Purchase and Sale Addendum dated
26 Ati(just 27. 2008 states:
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COMPLAINT FOR AND BREACH OF CI S f N 9241 G,wrroi. \V. YSou,n i
28 CONTRACT, MANDAiMUS, BREACH LAW" OFFICES, I's, WIASI 1INGTON, 98501
OF DUTY, AND DAINIAGES - 10 A I'LAT 60) 5 9 1 � 35 1 -*. \ X: ','3 6 0)1)56 -9 -1,95
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Seller warrants that seller will complete pump station for Palisades West to City of'
Yelm specifications within 120 days of buyers obtaining construction loan financing. If
setter does not complete pump station within 120 days of buyer obtaining construction
loan financing, seller agrees to pay buyers interest payments on buyers construction loan
until a certificate of occupancy is issued.
As of the date of this Complaint, Triance has made none of the Si-nitl& construction loan interest
payments that it is obligated to pay, %vh1ch started to accrue 120 days from the October 9, 2008
recording of the Smiths' Deed of Trust with Horne Street Bank, which calculates to February 6, 2009.
4.4 Breach of Conti-act by Cite of Doe. Under the conditions of approval for the plat of
Palisades West, the City of Doe is to provide water and semTer to all the lots therein, once the water
and sewer connection fees have been paid (see Paragraph 3.5 above). The Smiths paid said fees in
order to obtain their building permit (see Paragraph 3,2 above), The City is therefore obligated to
provide the Smiths with water and sewer services which meet the City standards. If as in the case
here, the developer of the plat, FYI], LLC, refuses or is unable to fulfill its obligation to the City to
install the water booster pump and sewer pressure release valve, then that obligation becomes the
City's responsibility.
4.5 Breach of Dutv by City of Doe. On September 17, 200 , the City, through the
Building Division of the Community Development Department, issued a building permit for the
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construction of the Smith residence on Lot 15 of Palisades West. This building permit directly.
violated Condition No, I placed on the final plat by the City Council, as recorded February 12, 2008,
which prohibited the issuance of a building permit for anything other than a model home until the
water booster PUMP station was installed (see Paragraph 3.2 above). Yet despite this prohibition, the
Smiths were issued a residential building permit for their home, which in no way was represented as
being for a model home. Neither the City Building Division nor the Community Development
Department had authority to ignore or amend this plat condition, Under RCW 58.17.215, only the
—OMPLAINT FOR AND BREACH OF CUSFEMAN 914CAPIT01. WAY SOUD I
2ONTRACT, IMANDAMUS, BREACH LAW OPTICES, P-S, 01,V\1111A,WAS1 11N(;T0;',,'98500
F DUTY, AND DAMAGES - I I A rrow\rys,vr J,iw; (360) 53-1-9183) AX� F (. >r0)956 -)795
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t. le-islative authority of the City (in this case the City Council) has atithorio, to alter subdivisions, and
2 1 may only do so upon advance application, notice, and hearing. The City's error in issuing the
Smiths' building permit creates a duty to correct its mistake and/or compensate the Smiths for the
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darnaues they have incurred sternming from the City's violation of the plat condition. Although there
6 1 are a number of ways it can rectify the situation it caused, the City continues to breach its duty by
refusing to take the responsibility to do so,
8 1 4,6 Breach of Duty by City Employee and/or Representative of City of Doe. The breaches
9 1 of duty by Grant Beck identified below may become partially or wholly breaches by the City of Doe.
Fhe City of Doe had the obligation to properly train and supervise its employees such that they do not
abuse City resources, staff. and contractors for personal purposes to the harm of City residents.
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Therefore, even thOLIVII Grant Beck may have acted outside the scope of his authority in his
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14 1 intentional handling of this matter with the personal goal of depriving the Smiths of their property
(despite the clearly stated and contradictory public goal of allowing the Smiths use and occupancy of
16 1 their property), the City of Doe is liable for Grant Beck's individual torts as they arose from the
negligent training, empowerment, and supervision of Grant Beck.
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" 1 4.7 Breach of Duty by Grant Beck. individually.
IV
a. As Director of the City of Doe Community Development Department, which
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oversees the Building Division, Grant Beck has a duty to correctly implement the City's requirements
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22 building b
when issuing permits. In the case of the Smiths' building permit, Mr. Beck has identified
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2 3 1 that he specifically knew of the Palisades West plat condition requiring that the water booster pump
24 1 and sewer valve be installed prior to the issuance of any residential building permit, yet he changed
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2 5, 1 that requirement from a condition for a bitilcling permit, to a condition for the occuponey permit. and
26 did so unilaterally, and without the benefit of any plat amendment process. As Director of the
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COMPLAINT FOR AND BREACH OF cu-SHN4AN 924CAIIIT01. 1AYSOUTH
28 CONTRACT, MANDAMUS, BREACH LAW OFFICES, IIS, (XYMPtA, WASI QN*(;T()-,)8501
OF DUTY, AND DAMAGES - 12 ATI*0RNI:yS AT J,MV (360) 534-9183 VAX: (360) 990-9793
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I Community Development Department, overseeing the Building Division, Grant Beck allowed a
Iprivate residence to be,-,in and complete construction, all the while knowing there was a significant
risk that the home could not be occupied under the terms of the condition which he unilaterally
allowed to be modified,
b. As a member of the City of Doe staff, Grant Beck has a duty to implement the
City Council's directives to him. On October 13, 2009, the City Council directed that he Yvork with
the applicant to find a solution which \vould enable the Smiths to move into their home (see
Para-raph 3.14 above). Grant Beck not only ignored that directive, but took deliberate actions to
achieve the opposite result, so that the Smiths Could not move into their home.
C, As an employee for the City of Doe, Grant Beck has a duty to use the City's
legal services for the benefit of the City, not to advocate personal biases, Further, in this case, he was
told by the City Council to use the City Attorney to seek a Solution so the Smiths could move into
their home, Instead, Grant Beck has misused the legal services of the City Attorney, Brent Dille, for
his personal desires to: (1) delay the progression of the Srniths' plat amendment application; (2)
obstruct the Smiths' plat amendment process with an ever-changing list of reasons why it can't be
approved; (3) present "evidence" to the City Council purported to be factual, when it knowingly was
not; (4) requiring the Smiths to take actions and agree to conditions that are not required of any other
City of Doe citizen to obtain an occupancy permit for a home which has been issued a building
permit by the City of Doe; and (5) forcing the Smiths to incur significant expense to initiate, correct,
and complete actions which should have been undertaken and incurred by the City of Doe.
d. On information and belief, Grant Beck's decisions and actions in this case
were motivated by a personal vendetta against Steve Chamberlain, with the goal of harming the
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Smiths in such a way that they Would have a claim against Steve Chamberlain, for the Purpose Of
COMPLAINT FOR AND BREACH OF CUSH-,'1,L-\N 924 CAPITOL WAY SOUTI I
CONTRACT, MANDAMUS, BREACI-I LAW OFFICES, VS. OLYMPIA, WASI UNGTON 98501
OF DUTY, AND DAMAGES - 13 ATFORN'l:YS AT I,: 360) 534-9183 FAX: (360)956-9�95
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harming Steve Chamberlain by exposing him to liability.
V. CLAIMS FOR DANIAGES
5.1 Damages Caused by Steve Chamberlain and 1~I-11. 1-1-C. These Defendants knowingly
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sold the Smiths a lot which was not le,(aally buildable at the time of sale; falsely portrayed that Lot 15
Iwas imminently ready for residential construction and inhabitation; and failed to disclose the risks
and consequences of purchasing the lot in advance of FH 1, LLC's fulfillment of the two final plat
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conditions. These Defendants' actions and omissions have sianiticantly contributed to the damages
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.vhich Plaintiffs are now suffer'na due to having paid to build a hOUSe on a lot that remains legally
unbuildable.
52 DarnaLes Caused by Maureen Nieland and VanDorrn Realtv. These Defendants
neQli-entiv brokered the transaction between the Smiths, Triance Homes, and FHI, LLC by failing to
investigate what should have been red flags to any real estate professional, failing to advise the
Smiths of the risks and otential liabilities involved in the transaction, and failing to advise the
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Smiths to seek advice on matters outside Nieland's expertise. These Defendants' negligence and
malpractice have significantly contributed to the damages Plaintiffs are now suffering due to having
purchased a custom -built home they cannot move into and a lot on which they cannot reside.
5.3 Dai-naaes Caused by Dan Lee and T riance I-Iomes.
a. These Defendants failed to both disclose and investiciate. Well in advance of
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the Smiths' purchase, Dan Lee knew about the final plat requirements for water and sewer, and knew
or should have known the risks and scope of the consequences Of what could happen if the booster
pump station and sewer valve were not installed by FI-I 1, LLC, yet failed to disclose those risks and
consequences until the house was nearly complete. These Defendants' oriiissions have significantly
contributed to the damages Plaintiffs are now suffering due to havin- purchased a custom -built home
COMPLAINT FOR AND BREACH OF CUSITMAN 924 CAPITOL W"AYSOUTI I
CONTRACT, jN/1ANDAMUS, BREACH LAW 1).S. OLYMPI:N. \VANI IING)"ON'98501
OF DUTY, AND DAMAGES - 14 ATFORN [ NS AT LA W ,360) i34-9183 FAX: (3)(M) 956-97,95
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pact arie thev can neither live in nor sell at price that will recover their losses.
b. Dan Lee and T•iance Homes further have failed to make any of the
Iconstruction loan interest payments they are obligated to pay for under the terms of the Purchase and
Sale Addendum, dated ALIGLISt 227, 22008 (see Paragraph 4.3 above),
5.4 Damages Caused by City of Doe. Plaintiffs have been harmed by and continue to
suffer considerable damages due to the City's: (a) failure to provide approved water and sewer
utilities that the City has a duty to provide; (b) subsequent failure to issLe the Smiths' occupancy
permit; (c) delay and failure to correct the problem it created, including its refusal to initiate and pay
for any remedies, and (d) failure to properly supervise and correct a City employee who represented
the City in the matters which caused Plaintiffs' damages, as identified in Paragraph 5.5 below.
5.5 Damages Caused by Grant Beek, Plaintiffs have been harmed by and continue to
suffer considerable damages due to the actions taken and/or authorized by Grant Beck in (a) issuing a
building permit to the Smiths, in violation of Final Plat Condition No. 1; (b) his unauthorized and
unilateral amendment of Final Plat Condition No. 1; (c) his delay and obstruction in processing the
Smiths' plat amendment request, including the portrayal of information as complete and true, when it
knowingly was not-, (d) his delay and failure to follow the directives of the City of Doe City Council,
and (e) his use of City legal services for his personal bias and benefit.
V1. CLAIM FOR MANDAMUS
6.1 The Smith's engineer has presented engineering solutions that prevent potential harm to
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the City of Doe or its i n frastrUCt Lire. The City of Doe is refusing to allow the plat amendment, to issue
a certificate of occupancy, or to otherwise take the steps necessary to allow the Smiths to legally reside
in their home. The City of Doe and Grant Beck have no right or proper excuse to withhold these
ministerial acts. This Court can and should issue a writ of mandarrILIS to C0111pCI the City of Doe and
COMPLAINT FOR AND BREACH OF CUSFIMAN 924 CAPITOL WAY SOUTI I
CONTRACT, MANDAMUS, BREACH LAW OFFICE'S, P.S. OLYMPIA, WASI 11'N'GTON"98501
OF DUTY, AND DAMAGES - 15 .,Vvrolo ,in*s "vi, 1,,m {36M, 534-9183 FAX: (360) 956-9795
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I Gnint Beek to take the actions necessary to allow the Smiths to move into and live in their home,
Includinu reqUirintl the City of Doe to pay for any improvements to the Utilities it may determine
necessary as prerequisites to occupancy.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for:
1. Leave to amend this Complaint, after the required time period has run frorn submittal of
the tort claim against the responsible City, for the purposes of naming said City in this action;
Damages in an amount to be proven at trial, but known to exceed $50,000 (inclLiding
darnaus ac-,ainst the bond Lip to the full penal sum of the bond);
3. Costs of suit incurred herein,
4. Reasonable attorneys' fees;
5. For a Writ of Mandamus compelling the City of Doe and Grant Beck to undertake those
ministerial acts necessary to allow- the Smiths to legally reside in their home, including requiring the
City of Doe to pay for any improvements to the utilities it may determine necessary as prerequisites to
occupancy; and
6. Such other and further relief as the Court may deem just and equitable.
I
DATED this day of December, 2009.
COMPLAINT FOR AND BREACH OF
CONTRACT, -MANDAMUS, BREACH
OF DUTY, AND DAMAGES - 16
CUSHNIAN LAW OFFICES, P.S.
BV
'Ben D. Cushman, WSBA 426358
Attorney for Plaintiffs
cusl [NLAN 924 C WAYSOLT! I
t. 1t" OFFIC17s, P's. ()w NNIM A, NVAS] HNGT()N 935M
A rrottNFY� A I 1,MV �36(�, 3.14-9183 I-AX: �360% 956-9795
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V 1,1 R I F I C ATI ON
:kndrew Smith and Cynthia Smith are the Plaintiffs in the above-entitled action. We have read
the foregoingy Coniplaint, know the contents thereof, and believe the same to be true.
SIGNED this clay of 2009, LIFICIC-1: J)erlaltV of perjury under
the laws of the State of �Vashinuton.
Andr6w Smi
COMPLAINT FOR AND BREACH OF
CONTRACT. MANDAMUS, BREACH
OF DUTY, AND DAMAGES - 17
Cynthia Smith
CUSI IMAX 92-1 CAPIT(A. WV� SOLT] I
LAW, (A-1,111cf-'s, P's. 98501
\ 1'k WNE)s'\ t, I-N"' �
SUPERIOR COURT OF WASHINGTON
FOR THURSTON COUNTY
Plaintiff/Petitioner,
Nis.
Defendant,'Respondent
TO: THURSTON COUNTY CLERK
ATTORNEYS/LITIGANTS
PLEASE TAKE NOTICE.
NO. 09-2-02879-3
NOTICE OF ASSIGNMENT" (NTAS ' )
NOTICE OF STATUS CONFERENCE
1. That the above-noted case is assigned to:
The Honorable Thomas McPhee
2. That the Status Conference is scheduled for 9:00 a.m. March 12, 20 10 .
Dated this 7th day of December, 2009.
THURSTON COUNTY SUPERIOR COURT
2000 LAKERIDGE DRIVE SW
OLYMPIA WA 98502
(360) 786 - 5560
NOTICE OF ASSIGNMENT/
NOTICE OF STATUS CONFERENCE
JZ1,37, CO (
All parties should be ' familiar vvith Local Civil Rule 16(d) which
requires in part that parties or lead counsel attend and that the
parties or- counsel shall communicate ivith each other concerning
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the case schedule or bqfore the status conference.
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THURSTON COUNTY SUPERIOR COURT
2000 LAKERIDGE DRIVE SW
OLYMPIA WA 98502
(360) 786 - 5560
NOTICE OF ASSIGNMENT/
NOTICE OF STATUS CONFERENCE
JZ1,37, CO (
1 Q EXPEDITE
2 CJ Hearing is set:
Date/Time:
3 Calendar/Judge: Civil/McPhee
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SUPERIOR COURT OF WASHINGTON
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 DOE, a Municipal Corporation;
14 GRANT BECK; STEVE CHAMBERLAIN; FH I,
LLC, a Washington corporation; DAN LEE;
15 TRIANCE GROUP INC., d/b/a TRIANCE
HOMES, a Washington corporation and a licensed
16 Washington construction contractor; STATE
FARM FIRE & CASUALTY CO., Bond No.
2.7 98GD85307; MAUREEN NIELAND;
18 VANDORM REALTY, INC., a Washington
corporation.
19 Defendants.
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21 TO: Defendant Grant Beek
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK
22 I. INTERROGATORIES
23 Pursuant to Civil Rules 26 and 33, Plaintiff submits the following interrogatories to be answered
24 in writing, under oath within forty (40) days of service. These interrogatories are intended to be
25 continuing in nature so as to require supplemental information under Civil Rule 26(e).
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28 FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK - 1
CUSFEMAN 924 CAPITOL WAY So"al
LAW OFFICES, P.S. OLVOIA, WASHNGTON 9850,
jkrroRN,Tiys AT LAW (360) 534-9183 FAX (360) 956-9795
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11. REQUEST FOR PRODUCTION OF DOCUMENTS
Pursuant to Civil Rules 26 and 34, you are requested to produce at the Cushman Law Offices
P.S., all documents designated below that are in your possession, custody, or control of your agents,
attorneys, consultants, or representatives or which are accessible to any such person within forty (40)
days of service upon you. This Request for Production of Documents is also continuing in nature
under Civil Rule 26(e), and should you discover additional responsive documents after your initial
production, you are required to produce such documents.
111. INSTRUCTIONS
A. These Interrogatories and Requests for Production of Documents are continuing and
you are requested to provide any information which is responsive to them after the time you answer or
respond. If such responses are not furnished, plaintiffs will move at the time of trial to exclude from
evidence any requested information not so furnished.
B. Each Interrogatory and each subparagraph of each Interrogatory is to be fully and
separately answered, in writing and under oath, Before each response is given, the paragraph and
subparagraph number of the Interrogatory to which the answer or response relates is to be set forth.
C. The answer and response to each Interrogatory and Request for Production shall include
such knowledge and documents as are within your custody, possession or control, or readily obtainable
by you, including knowledge within the custody, possession or control of your attorneys, agents, and
other representatives.
D. If you refuse to answer or respond to any Interrogatory or Request for production, in
whole or in part, identify the basis for your refusal to answer or respond, including any claim of
privilege.
E. If you assert a claim of privilege to the production of any document requested below,
state for each document the following information:
I . Which privilege is claimed;
FIRST INTERROGATORIES AND CUSFDAAN 924 CAPITOL WAY SOUTH
REQUESTS FOR PRODUCTION TO LAW OFFICES, P.S. 0LYW1A, WAsHNGT0N 98501
DEFENDANT GRANT BECK -
AxroR,Nm AT LANV (360) 534-9183 FAX (360) 956-9795
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2. A precise statement of the facts upon which said claim of privilege is based;
3. The following information as to each purportedly privileged document:
a. Its nature, e.g., letter, memo, minutes, etc.;
b. The date it bears;
C. The identify of the persons sending it;
d. The identity of each person receiving a copy;
e. A statement of the subject matter of the document;
If you contend only a portion of the document is privileged, please provide a redacted copy of
the document with a listing of the above information as to the redacted portion.
F. With respect to any Interrogatory or Request for Production contained herein, if you are
able to provide some, but not all, of the information requested, provide such information as you can
and specifically identify each item as to which you do not have sufficient information to fully respond.
G. The Interrogatories shall be answered within forty (40) days after the service thereof
upon you.
H. You are directed to produce all documents requested below regardless of when such
document was drafted or generated and regardless of whether or not such document was drafted or
generated after completion of the project.
I. The documents requested below shall be produced and made available for inspection and
copying at the Cushman Law Offices, P.S., 924 Capitol Way South, Suite 201, Olympia, Washington
98501 within forty (40) days after the date of service thereof upon you.
IV. DEFINITIONS
As used in these Interrogatories and Requests for Production, the following terms shall have the
following meanings:
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK - 3
CUSHMAN 924 CAPITOL WAY SOU114
LAW OFFICES, PS. OLYWIA, WASHINGTON 98501
An oFLNE Ys AT LAw (360) 534-9183 FAX (360) 956-9795
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A. The term "you" and "your" means yourself, and any and all other persons or entities
acting on your behalf, or on whose behalf you are acting, including, without limitation, your insurer,
bank, accountant and/or attorney.
B. The terms "and" and "or" shall, unless the context clearly indicates otherwise, and are
both the conjunctive and disjunctive.
C. In construing these Interrogatories and Requests for Production of Documents, the
singular of each term shall include the plural and the plural shall include the singular, and a masculine,
feminine, or neuter pronoun shall not exclude the other genders.
D. The term "document" means all written, graphic, or printed matter of any kind, however
produced or reproduced, including all originals, drafts, working papers and non-identical copies,
whether different from the originals by reason of any notation made on such copies or otherwise
including, but not limited to, papers, books, patents, letters, photographs, tangible things,
correspondence, telegrams, cables, telexes or telefax messages, memoranda, notes, data, notations, work
papers, interoffice communications, minutes, reports and records of any communications (including
telephone or other conversations, interviews, conferences or committee or other meetings), affidavits,
statements, summaries, opinions, reports, studies, analyses, plans, specifications, contracts, licenses,
agreements, journals, books or other records of accounts, summaries of accounts, bills, receipts, balance
sheets, income statements, advertisements, desk calendars, appointment books, diaries, lists, charts,
graphs, maps, surveys, sound recordings, computer records or impressions, microfilm, and all other
records kept by electronic, photographic, or mechanical means, and things similar to any of the
foregoing, however denominated.
E. The tern "person" includes any natural person, firm, company, association, partnership
and joint venture corporation, and any other form of legal entity, and any city, state or federal
governmental entity or any agency, board or court thereof.
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK - 4
CUSHMAN 924 CAPITOL WAY SOUTH
LAW OFFI (I S, P.S. 01,YWIA, WASH INGTON98501
AT roK\'Eys AT LA\v (360) 5349183 FAX (360) 956-9795
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F. The term "identify" means, with respect to a document, to state its type (e.g., letter,
interoffice memorandum, etc.), date, author, subject matter, present custodian, and if you are no longer
in possession of the document, whether it was lost, destroyed or otherwise disposed of and the
accompanying circumstances.
G. The term "identify" means, with respect to a natural person, to state his or her full name,
address, present or last known employer and position held; with respect to a person other than a natural
person, "identify" means to state the name and address of such person.
H. "Identify" or "describe," when used with respect to an act occurrence, contract,
transaction, decision, statement, communication or conduct (hereinafter collectively called "act") means
to describe in substance the event or events constituting such act, or what transpired, the place, the date;
and to identify the persons involved and the documents referring or relating thereto.
1. The terms "relate," "in relation to," or "relating to" mean directly or indirectly
referring to, pertaining to, discussing, describing, commenting on, constituting, evidencing, referencing,
comprising, or reflecting upon a stated subject, in whole or in part.
J. The term "professional services" includes all architectural, engineering, construction or
material testing, accounting, landscaping, estimating or construction management services.
K. The term "Project" refers to the Plaintiffs' land and constructed house at 10756 Palisades
St SE, Yelm, Washington, also known as Lot 15 of the Plat of Palisades West.
L. The term "Contract" refers to any written agreement you (see Definition at "A" above)
had or have with Plaintiffs concerning the purchase, construction, permitting, approval for occupancy,
and/or the providing of utilities to the Project in this matter.
iii
CUSINAN 924 Qprroi, WAY Sour -i
LAW OFFICES, P.S. OLYMPIA, WASHNGTON 98501
ATTO&NFys AT LAW (360) 534-9183 FAY- (360) 956-9795
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INTERROGATORY NO. 1: Prior to responding to these discovery requests, have you thoroughly
researched and identified every document and made inquiry of every employee or agent having
knowledge of the information and subject matter sought by these discovery requests?
ANSWER:
INTERROGATORY NO. 2: Please identify by name, address, telephone number, employer and job
title of each person who was consulted or who assisted in the answering of these discovery requests, or
who furnished information which was used in answering them.
' MIME-
INTERROGATORY NO. 3: For each of you, please state:
a. Your full name;
b. Your date and place of birth;
C, Your residence address and telephone number;
d. Your social security number;
e. Name, address and telephone number of your employer, if any;
f. Any and all of the names you have used during your lifetime and the dates and localities
where used.
I ON OWN by' .1011KC] NO
CUSIDAAN 924 CAPjToL WAy Sou rH
LAW OFFIM, P.S. OLYMPIA, WASI-ENGTON98501
A-rrol\m Ys�r LAW (360) 534-9183 FAX (360) 956-9795
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INTERROGATORY N4.4: As to each of your marriages, if any, please state:
a. Inclusive dates of marriage;
b. Present name, address and telephone number of spouse;
C. Name, address and telephone number of spouse's present employer;
d. Whether marriage terminated and, if so, how terminated.
INTERROGATORY NO. 5: As to each of your residences for the past 10 years, please state
chronologically:
a. Inclusive dates of residence;
b. Street address;
0. Present name, address, telephone number and nature of relationship of each person with
whom you resided.
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KIMAWAV 01 V
CUSS MAN 924 CAPITOL WAY SOUIT-1
LAW OFFICES, P.S. OLYWIA, WASFUNGTON 98501
AaTcmNEys xi LAW (360) 534-9183 FAX (360) 956-9795
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INTERROGATORY NO. 6: As to each of your employment positions (including self employment)
for the past 10 years, please state chronologically:
a. Inclusive dates of employment;
b. Name, address and telephone number of employer;
C. Name, address and telephone number of immediate supervisor(s);
d. Job title and nature of duties you performed;
e. Reason employment terminated.
ANSWER:
INTERROGATORY NO. 7: As to each school you have attended or through which you have pursued
studies, please state chronologically:
a. Name, address and telephone number;
b. Inclusive dates of attendance;
C. Course of study;
d. Name and date of degree conferred.
"l 'Milva" 'Ot
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK - 8
CUSI-MAN 924 CAPITOL WAY SOUrH
LAW OFFICES, P.S. OLYMPIA, WASHNGTON98501
Awommys A:rLAw (360) 534-9183 FAX (360) 956-9795
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INTERROGATORY NO. 8: Were you ever in any branch of the military? If so, for each of you
please state:
a. Dates of service;
b. Branch;
C. Rank at discharge;
d. Type of discharge.
ANSWER:
INTERROGATORY NO. 9: Have you ever been convicted of a felony, gross misdemeanor, or
misdemeanor? If so, for each of you please state:
a. Offense charged;
b. Offense you were found to have violated;
C. Date violation was found or established;
d. Court and cause number;
e. Sentence imposed;
f. Sentence served.
ANSWER:
INTERROGATORY NO. 10: Have you ever been a party to a legal action other than the instant
action? If so, for each of you please state as to each action:
a. Date the action was filed;
b. Title of the action;
FIRST INTERROGATORIES AND CLJSHMAN 924 CAPITOL WAY SOUTH
REQUESTS FOR PRODUCTION TO LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
DEFENDANT GRANT BECK - 9 A7170RNm YS AT LAW (360) 534-9183 FAX (360) 956-9795
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c. Nature of the action;
d. Court and cause number of the action;
el Disposition of the action;
f. Name, address and telephone number of your attorneys);
9. Name, address and telephone number of attorney(s) for all other parties.
ANSWER:
INTERROGATORY NO. 11: Do any oral or written agreements exist which requires any party to
obtain approval prior to entering a settlement, or which in any way limits any party's ability to enter into
a settlement? If so, please identify all parties to each such agreement and state in detail the terms of the
INTERROGATORY NO. 12: Do any oral or written agreements exist allocating or apportioning
responsibility for payment of any settlement or judgment that may be made or entered in this action? If
so, please identify all parties to each such agreement, state in detail the terms of the agreement, and state
the date the agreement was made,
• .1 " so, •
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CUSFB4AN 924 00TOL WAY SOUMI
LAW OFFICES, P.S. OLYWIA, WAsHNGToN 98501
Aa-roRN,Eys AT LAW (360) 534-9183 FAX: (360) 956-9795
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INTERROGATORY NO. 13: Identify all documents (see Definition Section IV.D. above) transmitted
between you and any other party to this lawsuit regarding the Project.
ANSWER:
INTERROGATORY NO. 14: Furnish the name, current address, telephone number, occupation, job
designation, and present location of any person known to you or your attorneys as having knowledge of
the relevant facts pertaining to the above-entitled case. This interrogatory is intended to include all
witnesses known to you or to your attorneys.
WEVINaw"
INTERROGATORY NO. 15: For each person listed in response to the preceding interrogatory, please
set forth a brief statement of the information that this individual has concerning the allegations contained',
in the Complaint.
ANSWER:
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK - 11
CLJSHMAN 924 CAPiToL WAY SOL111_1
LAW OFFICES, P.S. OLYMA, WASHNGTON 9850,
AnoicNm Ys Ax LA\v (360) 534-9183 FAX: (360) 956-9795
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INTERROGATORY NO. 16: Will you call any expert witnesses at trial?
ANSWER:
INTERROGATORY NO. 17: If the answer to the preceding interrogatory is anything but an
unqualified "no," state with respect to each expert witness you expect to call as a witness at trial:
a. Name;
b. Profession or occupation and job title;
C. Resume of education, training and experience;
d. The subject matter or area upon which he or she will testify;
e. Whether such potential witness will base his or her opinion:
I . in whole or in part upon facts acquired personally by him or her in the course of
an investigation or examination of any of the issues of this case, or
2. solely upon information as to the facts provided him or her by others.
f. If your answer to "c" above discloses that any such witness has made a personal
investigation or examination relating to any of the issues of this case, state the nature and date of each
such investigation or examination;
9. Each and every fact, and each and every document, item, photograph or other
tangible object supplied or made available to such person;
h. The substance of the facts and opinions to which each such expert is expected to
testify;
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK - 12
0LJSFRVUkN 924 CAPITOL WAY SOU'llf
LAW OFFICES, P.S. OLYNTIA, WAsHNGToN 98501
ATi-omNT, Ys AT LAW (360) 534-9183 FAX: (360) 956-9795
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i. A summary of the grounds for each opinion of each such expert;
Whether he or she has rendered written reports, and, if so,
I . give the date of each report, and
2, state the name, address and phone number of the person having custody of each
such document.
k. Whether such expert has considered or intends to testify regarding statements contained
in Published treatises, periodicals or pamphlets and, if so, the author, title, issue date and publisher of
each and every such publication.
ANSWER:
INTERROGATORY NO. 18: If applicable, with respect to each Contract between you and Plaintiffs
concerning the Project, and any amendment, addition, and/or deletion thereto, state with particularity:
I What you believe to be the effect of the Contract(s), amendment, addition, or deletion;
2. The date of the Contract(s), amendment, addition, or deletion;
3. The person or persons who requested the Contract(s), amendment, addition, or deletion;
4. The person or persons under whose authority the Contract(s), amendment, addition, or
deletion was made; and
5. In narrative form, the events involved and the procedure followed in the making or
issuance of the Contract(s) amendment, addition, or deletion.
FIRST INTERROGATORIES AND CUSHMAN 924 CAPITOL WAY SOUM
REQUESTS FOR PRODUCTION TO LAW OFFICES, P.S. OLYNOA, WASFRNTGTON 98501
DEFENDANT GRANT BECK - 13 Ai7oFL\T-Ys,,aLAw (360) 534-9183 FAX (360) 95(,9795
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INTERROGATORY NO. 19: If you deny, in whole or in part (except if the denial is based on lack of
knowledge), any of Plaintiffs' statements and allegation made in their Complaint, please state each and
every fact upon which you base your denial, and identify every witness who can support your facts:
I MILMIM "_1
INTERROGATORY NO. 20: If you allege any Affirmative Defenses, please identify:
a. Each and every fact upon which you base your affirmative defense(s).
b. Each and every witness who can support the facts upon which you base your affirmative
defense(s).
FIRST INTERROGATORIES AND CUSID4AN 924 CAPITOL WAY SOUTH
REQUESTS FOR PRODUCTION TO LAW OFFICES, P.S. OLYiYnA, WAsi-IINcToN 98501
DEFENDANT GRANT BECK - 14 ATro%Nmys AT LAw (360) 534-9183 PAX, (360) 956-9795
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I ANSWER:
INTERROGATORY NO. 21: For each discussion concerning any Contract that you have had with
Plaintiffs or their agents, set forth the following:
a. Date of the discussion;
b. Names of those participating in the discussion;
C. Location of the discussion;
d. Length of the discussion;
e. A statement describing what was said in the conversation, who said what, and what you
understood them to mean; and
f. A description of each document which supports your responses to subparts a — e above.
".. MIM -.1-4
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK - 15
CUSHMAN 924 aPITOL WAY SO',,"
LAW OFFICES, P.S. OLYMPIA, WASHNGTON98501
AI-rORi\'FYS AT LAW (360) 534-9183 FAX: (360) 956-9795
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I INTERROGATORY NO. 22: Please identify your relationship with Plaintiffs. Specifically identify:
a. Date relationship began;
b. Date relationship ended, if applicable;
C. Reason for termination of the relationship, if applicable;
d. The nature of the relationship;
e. The expectations you had of Plaintiffs by virtue of the relationship;
f. The expectations you believe Plaintiffs had of you by virtue of the relationship; and
9. Any failures by you in fulfilling the duties to Plaintiffs identified herein.
ANSWER:
INTERROGATORY NO. 23: Please identify your relationship with Dan Lee and Triance Homes.
Specifically identify:
a. Date relationship began;
b. Date relationship ended, if applicable;
C. Reason for termination of the relationship, if applicable;
d. The nature of the relationship;
C. The expectations you had of Dan Lee and Triance Homes by virtue of the relationship;
f The expectations you believe Dan Lee and Triance Hornes, had of you by virtue of the
relationship; and
WHIR11140 U-101 a, 111111-111104M, "I'm
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CUSITvLAN 924 CAPITOL WAY SOUTH
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LAW OFFICES, P.S. OLYMPIA, WAS 98501
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A,rrowEYsA:rLANv (360) 534-9183 FAX (360) 956-9795
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9. Any failures by you to Dan Lee and Triance Homes in fulfilling the duties identified
I herein.
INTERROGATORY NO, 24: Please identify your relationship with FH I, LLC. Specifically
identify:
a. Date relationship began;
b. Date relationship ended, if applicable;
C. Reason for termination of the relationship, if applicable;
d. The nature of the relationship;
e. The expectations you had of FH 1, LLC by virtue of the relationship;
f. The expectations you believe FHl, LLC had of you by virtue of the relationship; and
9. Any failures by you in fulfilling the duties to PHI, LLC identified herein.
Z-�
MOUVITJ
01*10 0s
IN] a a RON PARIONK91 ILIF-111018*01
CUSIB4AN 924 CAPiToi. WAY Sc uTH
LAW OFFICES, P.S. OLYWIA, WASHNGTON 98501
ATToR,,\m'Ys �vr LAw (360) 534-9183 FAY, (360) 956-9795
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INTERROGATORY N4.25: Please identify your relationship with Steve Chamberlain. Specifically
identify:
a. Date relationship began;
b. Date relationship ended, if applicable;
C. Reason for termination of the relationship, if applicable;
d, The nature of the relationship;
e. The expectations you had of Steve Chamberlain by virtue of the relationship;
f. The expectations you believe Steve Chamberlain had of you by virtue of the
relationship; and
9- Any failures by you in fulfilling the duties to Steve Chamberlain identified herein.
- e M, k, I W.914
I W M a 409107,111 R I 1001MAN 01.3
CUSIB4AN 924 CAPITOL WAY SOUM
LAW OFFICES, P.S. OLYMPIA, West-nNGToN 98501
A-mw\lp Ys AT LAW (360) 534-9183 FAY, (360) 956-9795
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INTERROGATORY NO. 26: Please identify any and all general or specific performance or
development bonds FHl, LLC or other entity on its behalf, had or has with the City of Yelm which
could be, or could have been, used to implement any of the improvements for Palisades West f/k/a
Forrester Heights that were made conditions of preliminary and final plat approval. Your answer is to
include, but is not limited to, any performance bond to install the two final plat conditions (see p. 3 of
Complaint). As to each bond, identify:
(a) the date the bond was posted and the amount bonded;
(b) the financial entity who posted the bond;
(c) the requirements imposed before the bond could be released or satisfied;
(d) the date the bond was released or satisfied.
K-UMMATIM,
INTERROGATORY NO. 27:
If no performance or development bonds were required by FH I, LLC or another entity on its behalf, for
the performance of the two final plat conditions, explain your rationale for not requiring them or making
no recommendation to require them.
ANSWER:
CUSI-MAN 924 CAPITOL WAY SOIM
1
LAW OFFICES, P.S. OLYNTI A, WASJ- 11 NGTON 9 8 5C1
ATrom\t� Ys xr LAw (360) 534-9183 FAX: (360) 9569795
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INTERROGATORY NO. 28:
Explain why you granted or authorized the granting of Plaintiffs' building permit in advance of the
installation of the water booster pump station, contrary to Final Plat Condition No. I (see p. 3 of
Complaint).
ANSWER:
INTERROGATORY NO. 29:
Explain why you changed or authorized a change of Final Plat Condition No. I from the building pen-nit
requirement, to an occupancy permit, thus allowing Plaintiffs to begin and complete a residence they
cannot legally occupy (see Complaint at Paragraph 4.7a). Explain the procedures you took to implement
this change to the Final Plat conditions.
ANSWER:
REQUESTS FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 1: Provide copies of any documentation relating
to any Contract, amendment, modification, addition, or deletion thereto.
RESPONSE:
I pi a ago MAN IM IMAIN W
CUSHMAN 924 CAPITOL WAY SOUITI
LAW OFFICES, RS. OLYNTIA, WASFuNGTON 98501
Aa,roRNEys xr I.Aw (360) 5349183 FAY- (360) 956-9795
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REQUEST FOR PRODUCTION NO. 2: Please produce all correspondence and
documents to which you have access related to this Project.
RESPONSE:
REQUEST FOR PRODUCTION NO. 3: Please produce all logs, diaries, notes or
other documents that recorded any event, conversation, observation or activity related to
this Project.
RESPONSE:
REQUEST FOR PRODUCTION NO. 4: To the extent not otherwise requested, please
produce any and all documents related to this Project in any way.
RESPONSE:
REQUEST FOR PRODUCTION NO. 5: To the extent not otherwise requested, please produce any
and all documents related to or referred to in any of your answers to these Interrogatories.
RESPONSE:
DATED this day of December, 2009.
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK - 21
CUSHMAN LAW OFFICES, P.S.
n D Cushman, WSBA # 26358
rney for Plaintiffs
CUSF RAAN 924 CAPITOL WAY SOUTH
LAW OFFICES, P.S. OLYMPIA, WASHINGTON 98501
ATTO%NEYS AT LAW (360) 5349183 FAX (360) 956 -9795
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The undersigned attorney for the named Defendants has read the foregoing Interrogatories and
Requests for Production of Documents to Defendants and the answers thereto and they are in
I compliance with CR 26(g).
DATED on this _ day of 2010.
Attorney for Defendants
STATE OF WASHINGTON )
ss
County of
I , being first duly sworn on oath, deposes and says:
I am one of the Defendants in the above-entitled action; have read the above Answers to
Interrogatories and Response to Request for Production of Documents and believe the same to be true.
By:
(signature)
SUBSCRIBED AND SWORN TO before me this day of 72008.
FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO
DEFENDANT GRANT BECK - 22
NOTARY PUBLIC in and for the State of
Residing at:
. CMI1ifAN 924 CAPITOL WAY SOLM-1
LAW OFFICES, P.S. OLYNVIA, WASH NGTON 98501
,kY1X)&NT-,YSATLAW (360) 534-9183 FAX (360) 956-9795