HomeMy WebLinkAbout20112441 Elizabeth
Lamb
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I.EGALCOUNSEL September 8,2011 VIA FACSIMILE; ELECTRONIC MAIL; U.S. MAIL
&MEDIATION
Bruce Barker, Esq.
Weld County Attorney
P.O. Box 758
Greeley, CO 80632
Elizabeth Fax: 970-352-0242
Lamb Kearney b.barker@co.weld.co.us
ATTORNEY
County Commissioners Weld County
PO Box 386 1150 O Street
549 Fourth Street •
P.O. Box 758
Berthoud, co 80513 Greeley, CO 80632
Fax: 970-352-0242
•
p 970.532.3594 jvanegdom@co.weld.co.us •" -
f 970.532.3603
e elkesgC msn.com ~ -
Dear Mr. Barker, and County Commissioners:
I write on behalf of Harry and Charlotte Schmidt and Schmidt's Olde Time
Bakery, Ltd. 808 14`h Street, SW, Loveland, CO 80537 to inform you again of
potential claims by Mr. and Mrs. Schmidt and Schmidt's Bakery relating to the
improper sale of the equipment for the bakery location in Greeley in March,2011.
Mr. Schmidt received notice of the sale by receipt of a certified letter received by
him on March 12, 2011, sadly the sale occurred on March 10, 2011. Mr. Barker
was informed of these claims via a letter on April 4, 2011 which we believe
complied with the requirements set out in C.R.S. §24-10-101. However, as my
file does not contain any response from Mr. Barker this letter is to ensure that
those requirements are met to preserve the claim should the County be unwilling
to resolve this issue. The failure to comply with the notice requirements found at
C.R.S.§ 39-10-111(2) and C.R.S. §39-10-111(4) creates a violation of due
process and thereby creates a liability for Weld County.
Teri L. Shipp with the Weld County Treasurer's Office signed the notice letter
dated March 7, 2011; her address is 1400 North 17`h Avenue, Greeley, CO 80632.
John LeFebrvre,Weld County Treasurer, signed the Public Notice regarding the
distraint sale, his address is the same as Ms. Shipp's.
Damage to the Schmidt's and their business consists of the value of the equipment
improperly sold of$79,000;plus costs, attorney's fees and possibly compensatory
damages. If you refer to the letter of April 4, 2011 you will see that it describes
the suspicious circumstances of the sale, including the defective notice and the
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Barker letter
Page 2
September 8,2011
identity of the buyer—who received a windfall courtesy of Weld County with his
purchase of $79,000 worth of equipment for$3,177.67.
Unfortunately,the County cannot now mitigate by returning the equipment as
might have been possible had the April 4 letter been acted upon accordingly.
Please let me know if you are interested in resolving this matter without further
cost to the County.
Sincerely, L
Elizab Lamb Kearney 1
cc: H. Schmidt
Jennifer VanEgdom
From: Elizabeth Kearney [elkesq@msn.com]
Sent: Thursday, September 08, 2011 3:37 PM
To: b.barker@co.weld.co.us; Jennifer VanEgdom
Subject: Schmidt's Bakery claims
Attachments: Ltr Weld County 090811.pdf
Mr. Barker and Weld Commissioners,
I attach a CGIA notice letter, although arguably it is not necessary for due process claims, regarding the
defective distraint sale of Schmidt's Bakery equipment. I would appreciate a response at your earliest
convenience.
ELK
llizabeth Iamb Kearnc�
I lizabeth I Kearney, P.C.
P.(). l3ox 386
lierthoud,CO 8u51 3
Phone: (930/ 32-359=}
I ax: (9`(i; 332 3603
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