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HomeMy WebLinkAbout980117.tiff 1'.i«D CG!'' G. William Beardslee Attorney and Counselor at Law 173 lFsl 1 6 First National Bank Building '-' 12: Oll 4290 West 10th Street CLERK Greeley, Colorado 80634 TO THE Telephone: Greeley: 970-304-0800 Fort Collins: 970-221-4000 Fax 970-304-0808 January 15, 1998 Mr. Bruce Barker - Weld County Attorney Mr. Art Willis - Weld County Treasurer Weld County Commission Ms. Constance L. Harbert, Chair Mr. W.H. Webster, Pro-Tern Mr. George E. Baxter Mr. Dale K. Hall Ms. Barbara J. Kirkmeyer 915 10th Street Greeley, CO 80631 RE: NOTICE OF CLAIM Dear Mr. Barker: Please consider the following as a Notice of Claim pursuant to 1973 C.R.S. 24-10-109. NOTICE OF CLAIM 1 a. Claimants - Jack and Shelly Langley P.O. Box 292 Evans, CO 80620 lb. Claimants' Attorney - G. William Beardslee Attorney and Counselor at Law 4290 West 10th Street, Suite 204 Greeley, CO 80634 3. Concise Statement of the Factual Basis of the Claim: Commencing in 1981 and on various dates thereafter, Claimants were advised by personnel at the Weld County Treasurer's Office that in response to a joint tenant non-payment of taxes, the Weld County Treasurer's Office would issue separate and independent tax billings. Separate and independent tax billings at m 4'Q)' 980117 Mu Bruce Barker Weld County Attorney January 15, 1998 Page 2 were prepared by the Weld County Treasurer's Office and were purchased by Claimants at a later date. In 1995, Claimants were sued by their former joint tenant for breach of contract, breach of fiduciary duty, etc. In July 1997, the Weld County District Court entered judgment in favor of the Plaintiff and against the Claimant, Jack Langley, herein for the acts originating with the Weld County Treasurer's Office. The act or event complained of is the process initiated by the Weld County Treasurer's Office in issuing separate tax statements for a joint tenancy singularly taxed property. As a result of that act, Claimants herein were sued and lost one-half of their property, improvements, and attorney fees. 4. Name and Address of Public Employee Involved: Weld County Treasurer's Office Claimants believe the individual who administered and supervised this event was Ms. Virginia Faggobert and/or Mr. Frances M. Loustalet . 5. Concise Statement of Injury Claimed to have been Suffered: Approximately $60,000.00, or one half of the net sale price. In July 1997, Judge William West of the Weld County District Court ordered the property to be sold and, after deduction of certain expenses, the proceeds divided equally. The property's value in 1981 was approximately $6,000. Since that date, in reliance upon the assumption that they were the sole owners of the property, Claimants herein improved the property in an amount in excess of$125,000.00. Upon sale, it is anticipated that the property will sell for approximately $120,000.00. Mr. Bruce Barker Weld County Attorney January 15, 1998 Page 3 6. Statement of Amount of Monetary Damages: The amount required to be paid by Claimants to their former joint tenant/owner(approximately $60,000.00). Sincerely, ack Langley717 Shell gley tldia G. William Beardslee GWB/smh cc: Mr. and Mrs. Langley Hello