HomeMy WebLinkAbout20073100 WILLIAM D.MEYER
HUTCHINSON BLACK AND COOK,LLC J LL ARPIWIER,JR. MAUREEN E.ELDREDGE
BANE R KERR of Counsel
ATTORNEYS AT LAW CLARK O.EDWARDS STANLEY A.BLACK
JOHN B.GREER FORREST E.COOK
SINCE I 8 9 i C.BRAD PETERSON CHRISTOPHER R.BRAUCHLI
CARLA W.SI PYE JONATHAN B.BOONAI
KIMBERLY M.HULT ALFRED T MCDONNELL
921 WALNUT STREET,SUITE 200
CHRISTOPHER W.FORD
BOULDER COLORADO 80302 BRENDAN CHATHAM DUDLEY I.HUTCHINSON(1887-1967)
TELEPHONE(303)442-6514 • FAX(303)442-6593 CONSTANCE TROMBLE EYSTER DUDLEY I.HUTCHINSON,JR.(1916-1970)
T HENRY HUTCHINSON(1925-2000
001)A Member of the Network of leading law Finns
"A World-Wide Association of Independent Law Firms"
September 17, 2007
VIA REGISTERED MAIL
and PERSONAL SERVICE
Weld County Commissioners Weld County Attorney
915 Tenth Street (as Counsel to Weld County Commissioners
Greeley, CO 80632 and as Counsel to Weld County Department of
Transportation
915 10th Street
Greeley, CO 80632
Dennis Bertron, Trustee Samuel Light
Sharon Falcone, Trustee City of Firestone Attorney
Julie Crowder, Trustee Light Harrington & Dawes, PC
Steve Curtis, Trustee 1512 Larimer St., Ste. 300
Charlie Thomas, Trustee Denver, CO 80202
Butch Walb, Trustee
City of Firestone
151 Grant Ave.
PO Box 100
Firestone, CO 80520
Theo Abkes Weld County Department of Public Works
Public Works Manager 1111 H Street
City of Firestone Greeley, CO 80632
151 Grant Ave.
PO Box 100
Firestone, CO 80520
City of Firestone Engineering Department City of Firestone Planning Department
151 Grant Ave. 151 Grant Ave.
PO Box 100 PO Box 100
Firestone, CO 80520 Firestone, CO 80520
John W. Suthers, Attorney General
Office of the Attorney General
1525 Sherman St., 7th Floor
Denver, CO 80203
0 fit a Ai/r jOrlif
{W0799289 CWF)
F) 2007-3100
Weld County Commissioners
Weld County Attorney
Samuel Light, City of Firestone Attorney
Firestone Board of Trustees
City of Firestone Public Works Department
City of Firestone Engineering Department
Weld County Department of Public Works
John W. Suthers, Attorney General
September 17, 2007
Page 2
Re: Notice of Claim of Jerry and Karen Nelson Pursuant to C.R.S. §24-10-109
Dear Weld County Commissioners; Weld County Attorney; Samuel Light, City of Firestone
Attorney; City of Firestone Trustees; City of Firestone Public Works Department; City of
Firestone Engineering Department; Weld County Department of Public Works; and John W.
Suthers, Attorney General:
This firm represents Jerry and Karen Nelson and is serving this notice pursuant to Colo.
Rev. Stat. § 24-10-109 for purposes of claims that may be brought against the above-referenced
entities by the Nelsons.
1. The claimants are Jerry and Karen Nelson, who reside at 5884 WCR 22,
Longmont, Colorado 80504. The law firm of Hutchinson Black and Cook, LLC, P.O. Box 1170,
Boulder, CO 80306-1170, 921 Walnut Street, Boulder, Colorado 80302, represents the Nelsons.
2. On or around July 28, 2007, the Nelsons' yard and home was flooded following a
summer rain storm. Upon information and belief, the flood was caused by inadequate drainage
of the storm water, which started at or near the construction site of a new Firestone municipal
complex located south of Sable Avenue and east of Colorado Boulevard (the "Complex"). Upon
information and belief, the City of Firestone designed and constructed a water drainage system
(the "System") to take storm water away from the Complex. The System allowed water to flow
from the Complex to the west, passing underneath Colorado Boulevard and then into a drainage
ditch system that included some culverts. Upon information and belief, the City of Firestone did
not adequately design and construct the System, which design and construction failures included
failures to install sufficient numbers of culverts and to provide sufficient width and/or depth for
the drainage ditch. As a consequence, on July 28, 2007, as the storm water traveled away from
the Complex, heading west, the storm water backed up in the drainage ditch and then began to
flow south onto the Nelsons' yard and home, causing substantial destruction to their home and
personal property.
This is the first time that the Nelsons have had any flooding on their property. The July
28, 2007, was not an atypical storm for Weld County in the mid- to late summer. However,
because of the construction of the Complex and design/construction of the System, this typical
storm caused sufficiently large amounts of rainfall to back up in the drainage ditch and to flood
the Nelsons' home.
W0799289 CWF)
Weld County Commissioners
Weld County Attorney
Samuel Light, City of Firestone Attorney
Firestone Board of Trustees
City of Firestone Public Works Department
City of Firestone Engineering Department
Weld County Department of Public Works
John W. Suthers, Attorney General
September 17, 2007
Page 3
Because of what appear to be design and/or construction defects with the System, the
Nelsons face future potential flooding, which flooding could further damage their property and
could result in a substantial diminution in property value.
3. At this time, it is unknown which public employees were involved in the design
and/or construction of the System. It is also unknown whether any Weld County agencies were
involved, although the Nelsons' property is located in Weld County and not within the city limits
of Firestone.
4. As described above, the Nelsons sustained damage to their home and personal
property.
5. The Nelsons' claimed past damages are likely in excess of$38,000. If the system
is not corrected, the Nelsons will likely suffer future damages, including diminution in property
value.
Ver truly yours,
• /
. o d
CWF:tmc
Enclosure
c: Jerry and Karen Nelson
{W0799289 CW F}
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