Alexander Ct-CS0812102010) Ken Griffin -Mira Marv. City of Coppell lawsuit Page 1
From: "David T. Ritter" <dritter @toase.com>
To: <breid @ci.coppell.tx.us >, <jelias @ci.coppell.tx.us >, <Iball @ci.coppell.t...
CC: "Clay Phillips" <CPHILLIP @ci.coppell.tx.us >, "Ken Griffin" <KGRIFFIN @ci....
Date: 12/10/2008 4:49 PM
Subject: Mira Mar v. City of Coppell lawsuit
Attachments: 11 -24 -2008. pdf; Alexander lawsuit.xls
ATTORNEY - CLIENT and ATTORNEY -WORK PRODUCT PRIVELEGED DOCUMENT
Mr. Reid, Mr. Elias, and Ms. Ball:
Per an earlier conversation with Clay Phillips, I am attaching a copy of
the Plaintiff' Third Request for Production of Documents that has
recently been served on the City in the Mira Mar v. City of Coppell
case. This request for documents has been sent by the Plaintiff's
lawyer seeking documents relevant to the August 2007 City Council
hearing of Mira Mar's appeal of the fees that the City charged. The
City will need to send documents responsive to these requests on
December 24. In order to give us time to review the documents and make
any objections, we are requesting that any responsive documents be given
to us by December 17th.
We feel that many of these requests have already been responded to;
however, there are some new materials and supplementation that we will
need your help in answering. The particular questions that we need
information from you are:
Mr. Reid and Mr. Elias - RFP #2 and 3. The plaintiff wants the City to
identify any documents that you relied upon in calculating or justifying
the park and tree mitigation fees discussed at the August 28, 2007
Council Meeting. I have attached a spreadsheet that Ken did in response
to a similar RFP ( #1). We'll also need copies of the documents, if they
haven't already been produced to the plaintiff. If any other staff
members besides you or Ken reviewed or relied upon documents or aided in
the fee determination for any of the contested fees, please also inquire
if they used any additional documents besides the ones you relied upon.
If it would be helpful to refresh your memory regarding your testimony
at the hearing, I have a transcript available that I can get to you.
Ms. Ball - RFP #5 6, and 7. The plaintiff is inquiring about any City
Council ordinances, procedures or rules governing City or City Council
meetings and hearings that were effective from January 2006 to the
present, particularly those adopted pursuant to Section 3.12 of the City
2010) Ken Griffin -Mira Marv. City of Coppell lawsuit Page 2
Charter. Also, RFP # 14 & 15. The plaintiff is asking about any rules
regarding a deadline that the Council had to make a ruling after a
hearing. I anticipate that if the City has any such rules, they would
be covered in the responses to 5, 6, and 7, but just want to make sure
we check for anything deadline- specific.
As far as the other RFP's, I anticipate that we will make the following
responses and objections: RFP #! 1 - Ken has already given me the
attached spreadsheet, and we have previously produced these documents;
RFP 4 (City Charter) is available online; RFP 8 -13, 1 am reviewing, as
believe that we have likely produced at least a significant portion of
these earlier in the litigation.
Thanks for your help in this matter - please do not hesitate to contact
me if you have any questions.
David T. Ritter
Attorney -at -Law
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107 -4654
Voice: 817.332.2580
Fax: 817.332.4740
dritter @toase.com <mailto:dritter @toase.com>
NOTICE: This electronic transmission and any documents or other
information sent with it constitute confidential information that is
intended only for the named recipient and client and that is subject to
attorney /client and attorney work product privilege. If you have
received this communication in error, do not read it. Please reply to
the sender at Taylor, Olson, Adkins, Sralla & Elam, L.L.P. that you have
received the message in error, then delete it. Any disclosure, copying,
distribution or taking of any action concerning the contents of this
communication or any attachment(s) by anyone other than the intended
recipient is strictly prohibited.
LAW OFFICE OF ,JEFFREY R.1ANDBERG
P,0, BOX 743744
DALL Af. TX 75374
Board Certified in Civil Appellate Law
By the Texas Board of Legal Specialization
.Phone: (214) 418 -4331
November 21, 2008
Member of the Bar, Texas and Florida
JeffRS a n d ber2_QGMai 1. com
VIA CERTIFIED MAIL RETURN RECEIPT RE VESTED
Carvan Adkins, Esq.
Wayne Olson, Esq.
David Ritter, Esq.
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
600 western Place, Suite 200
Fort Worth, Texas 76147
Re: Mira .mar Development 'Corporation v. City 'of Coppell, Texas; Cause No.
07- 11511; In the 101 st District Court of Dallas County, Texas
Gentlemen:
Enclosed please find Plaintiff s Third Request for Production of Documents.
Additionally, your responses to certain of Plaintiffs Second Set of Interrogatories
state that there was no Coppell City Council Meeting on August 29, 2407, and that if the
August 28, 2007 City Council Meeting is the intended target of the Interrogatory,
responsive information will be provided upon notification to counsel for City of Coppell.
Please consider this letter the requested notification that the intended date was August 28,
2007.
Thank you for your assistance with this matter.
JRS
Enclosures
cerely,
JEHIREY R. SANDBERG
Cc with enclosures,--
Via email: Walter Leonard, Esq.
CAUSE NO. 07-11511
MIRA MAR DEVELOPMENT
COROPORA.TION,
Plaintiff,
v .
CITY OF C OPPEL, TEXAS,
Defendant.
IN THE DISTRICT COURT
101ST JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
PLAI NTIFF' S THIRD REQU EST. FOR PRODUCTION OF DOCUMENTS
TO: Defendant City of Coppell, Texas., via Defendant's counsel, Carvan Adkins, Esq., Wayne
Olson, Esq. and David Ritter, Esq., Taylor, Olson, Adkins, Sralla & Elan, L.L.P., 600 Western
Place, Suite 200, Fort Worth, Texas 76107.
Pursuant to Rule 196 of the Texas Rules of Civil Procedure, Plaintiff Mira Mar Development
Corporation ( "Plaintiff' or "Mira Mar ") serves this Third Request for Production of Documents
(the "Request ") on Defendant City of Coppell, Texas. (the "Defendant" or "City "). City nee¬
produce documents that are identical to documents previously produced to Plaintiff in discovery, in
this cause.
Defendant is required to serve upon the undersigned counsel for Plaintiff a written response
to the Request within thirty -one (3 1) days after service hereof, which response shall state, with
respect to each item or category of documents or things, that inspection and copying will be
permitted as requested, unless the specific Request is objected to, in which event the reasons for
objection shall be stated. If objection is made to part of any item or category, the part objected to
shall be specified. The documents and things requested in Exhibit "A," attached hereto and
incorporated herein by reference for all purposes, shall be produced for inspection and copying
thirty -one (3 1) days after service of this Request at 10:00 A.M. at the offices of Jeffrey R. Sandberg,
PLAINTIFF'S THIItD REQUEST FOR PRODUCTION OF DOCUMENTS Page 1
Esq., P.D. Box 743744, Dallas, Tx 75374, or at such other mutually agreeable time and place as the
parties shall determine and memorialize such agreement in writing.
DEFINITIONS AND INSTRUCTIONS
For purposes of this Request:
A. "City," "Defendant," "You," or "Your," mean Defendant City of C oppell, Texas, together
with any agents or representatives and all other persons acting or purporting to act on behalf of
Defendant.
B. "Mir Mar" or "Plaintiff' means Plaintiff Mira Mar Development Corporation,. together with
any agents or representatives and all other persons acting or purporting to act on behalf of Mira Mar.
C. "Lawsuit" means the action styled Mira Mar .Development Corporation v. City of Coppell,
Texas, No. 07- 11511, pending in the 101 Judicial District Court of Dallas County, Texas, and
includes any and all claims or causes of action presently filed in such proceeding or mown to you.
D. "Petition" means Plaintiff s original Petition filed in this Lawsuit, and includes any
amendments and/or supplementations thereto.
E. "Documents" means any printed, typewritten, or handwritten matter or reproduction thereof
of whatever character, or any means of electronic storage of information that is within your
possession, control or custody, including without limitation correspondence, memoranda,
stenographic or handwritten notes, drafts, studies, publications, invoices, ledgers, journals, books,..
records, accounts, pamphlets, voice recordings, transcripts of voice recordings, video tapes, reports,
surveys, statistical compilations, work papers, data processing cards, computer tapes or printouts,
microfiche or microfilm, and writings of every kind and character, whether originals or
reproductions. "Documents" also includes every copy where such copy contains any commentary,
marginal comment or notation whatsoever that does not appear in the original. without limitation of
the term "control ", a document is deemed to be within your control if you have ownership,
possession, or custody of the document or a copy thereof, or the right to secure the document or a
copy thereof from any other person or public or private entity having physical possession thereof.
The above definition of "documents" includes, but is not limited to, all forms of audio and/or visual
recordings, including those produced from electronic listening devices, portable tape recorders,
phone taps, video cameras, or any other medium by which sounds or visual images are recorded for
later replay, and all transcripts or other physical reproductions thereof. Pursuant to TEX. R. Civ. P.
196.4, electronic or magnetic data shall be produced on a CD and/or DVD in readable form, unless
otherwise agreed by Plaintiff s counsel in writing.
F. The above definition of "documents" includes, but is not limited to, all forms of audio and/or
visual recordings, including those produced from electronic listening devices, portable tape
recorders, phone taps, video cameras, or any other medium by which sounds or visual images are
recorded for later replay, and all transcripts or other physical reproductions thereof.
PLAINTIFF'S THIRD REQUEST FOR PRODUCTION OF DOCUMENTS Page 2
G. "Refer," "relate" or "pertain" means in any way concerning, constituting, referring to, relating
to, pertaining to, analyzing, discussing, describing, considering, modifying, amending, confirming,
endorsing, evidencing, representing, supporting, qualifying, terminating, provoking, canceling,
negating, refuting or listing, unless qualified by word of limitation.
H. whenever a document or group of documents is taken out of a file folder, file drawer, file
box, or notebook, before the same is produced, please attach thereto a copy of the label on the file
folder, file drawer, file box, or notebook from which the document or group of documents was
produced.
I. If any document requested herein is withheld under claim of privilege, or is not produced for
whatever reason, you are requested (1) to state with specificity the claim of privilege or other reason
used to withhold production and (2) to identify each such document by date, author, and subject
matter, without disclosing its contents, in manner sufficient to allow it to be described to the Court
for ruling on the privilege or other reason asserted. In addition, identify those persons who have seen
the document or to whom its contents have been disclosed. You are further requested to produce
those portions of any such document which are not subject to a claim of privilege or other reason for
nonproduction by redacting or otherwise protecting the portions for which a privilege is asserted, if
such a technique does not result in disclosing the contents of the portions for which some privilege is
asserted.
J. If any document otherwise responsive to any item requested in this Request was, but is no
longer in existence or no longer in any responding party's actual or constructive custody, control, or
possession, state , whether each such document:
1. Is missing or lost;
2. Has been destroyed;
3. Has been transferred voluntarily to others; or
4. Has been otherwise disposed of
Also, for each such document, explain the circumstances surrounding the disposition of the
document, identify the person(s) directing or authorizing its destruction or transfer, and state the
date(s) of such direction or authorization. Further, identify each such document by listing its author
and addressee, describing its nature (e.g., letter, memorandum, telegram, chart, photograph, etc.),
setting forth its date, subject matter, and content, and stating whether the documents (or copies) are
still in existence, and if so, their present location(s).
K. If any document requested herein has been destroyed, you are requested to describe in detail
the circumstance of and reasons for such destruction and to produce all documents which relate to
either the circumstances or the reasons for such destruction.
PLAINTIFF'S TIIRD REQUEST FOR PRODUCTION OF DOCUMENTS Page 3
L. Unless the context requires otherwise, use in the Request of the singular shall include the
plural, and the present tense shall include the past tense, and vice versa.
Respectfully submitted
JEF Y R. SANDBERG
Stat : ar o. 00790051
P.O. Box 744
Dallas, TX 75374
Telephone: 214-418-4331
Email: JeffR.SandbergQGmail.com
By:
WALTER W. LEONARD
State Bar No. 12211300
One Summit Avenue, Suite 1010
Fort Worth, Texas 76102
Telephone: (817) 335 -6538
Facsimile: (817) 335 -0932
COUNSEL FOR PLAINTIFF MIRA MAR
DEVELOPMENT CORPORATION
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served on
all counsel of record via fax on this 21th day of 2008:
VIA CMRRR:
Carvan Adkins, Esq.
Wayne Olson, Esq.
David Ritter, Esq.
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
600 Western Place, Suite 200
Fort worth, Texas 76107
Attorneys for Defendant City of Coppell, Texas
PLAINTIFF'S THIRD REQUEST FOR PRODUCTION OF DOCUMENTS Page 4
DOCUMENTS DESIGNATED FOR PRODUCTION
EXHIBIT "A"
1. Documents relied upon by Mr. Griffin at the August 28, 2007 Council Meeting of Defendant
regarding the Alexander Court subdivision.
2. Documents relied upon by Defendant at the August 28, 2007 Council Meeting of Defendant
regarding the Alexander Court subdivision.
3. Documents relied upon by Defendant's staff members at the August 28, 2007 Council
Meeting of Defendant regarding the Alexander Court subdivision.
4. Your City Charter(s), effective from January 1, 2006.
5. The City Council's procedural rules for meetings, effective from January 1, 2006.
6. The City Council's procedural rules for meetings and hearings, effective from January 1,
2006, as described in Section 3.12 of the City of Coppell City Charter.
7. The City Council's rules for meetings and hearings, effective from January 1, 2006, including
but not limited to procedural rules.
8. Defendant's Resolutions and/or Ordinances regarding Municipal Infrastructure Costs.
9. Defendant's rules and/or procedures for assessing /charging Municipal Infrastructure Costs.
10. Defendant's Resolutions and/or ordinances regarding subdivision development fees.
11. Defendant's rules and/or procedures regarding subdivision development fees.
12. Defendant's Resolutions and/or ordinances regarding Defendant's requirement(s) that a
developer pay fee(s) and/or donate land to obtain Defendant's approval /permitting for a subdivision.
13. Defendant's rules and/or procedures regarding Defendant's requirement(s) that a developer
pay fee(s) and/or donate land to obtain Defendant's approval /permitting for a subdivision.
14. Defendant's rules and/or procedures regarding the deadline(s), following a hearing before the
City Council, for a ruling/determination to be made by the City Council.
15. Defendant's Resolutions and/or ordinances regarding the deadline(s), following a hearing
before the City Council, for a ruling/determination to be made by the City Council.
PLAINTIFF'S THIRD REQUEST FOR PRODUCTION OF DOCUMENTS Page 5
Response to Plaintiff's Second Set of Interrogatories in Cause No. 07 -11511
Dated September 16, 2008
At the August 28, 2007 City Council meeting, I spoke for 25 minutes in response to a presentation by persons representing Mira Mar. During the 25 minutes, I
addressed 16 different topics. Of those 16 topics, I referenced material in 12 topics. The following represents the 16 topics and material referenced on 12 topics. I was
requested to "identify the documents relied upon ". The instructions define "identify" as "with respect to a document means the title, general description of topics covered,
date, preparer(s) and recipient(s).
General Description
Topic Discussed
Title
of Topics Covered
Date
Preparers)
Recipient(s)
�
Fill In Floodplain
n/a
Provides information
City of Coppell /
Preliminary Digital
on property in the
Texas State NFIP
2
Floodplains need Revision
Flood Insurance Rate
floodplain and the
6/22/2007
Federal Emergency
Coordinator /North
Map and Flood
associated 100 year
Management Agency
Central Texas Council
Insurance Study
water surface
of Governments /
elevation.
Carter &Burgess
Floodplain elevations
Map - 4/2007 &
Map prepared by
Color Coded Map
associated with
Color Coding -
Kimley -Horn. Color
City of Coppell
various flood studies.
07/2007
coding provided by
3
Kimley- Horn Study
Ken Griffin
Flood Study for
1990 Kimley -Horn
rebuilding of the
10/31/1990
Kimley- Horn
City of Coppell
Flood Study
Denton Tap bridge
over Grapevine Creek
4
Dirt Work in Floodplain
n/a
General Description
Topic Discussed
Title
of Topics Covered
Date
Preparers)
Recipient(s)
Floodplain
Covers all aspects of
Management
development in a
6/26/2001
City of Coppell
City of Coppell
Ordinance
floodplain.
Provides fully
5
Elevating Building Pads
developed floodplain
City -Wide Stormwater
limits and elevations /
1/1/1991
Albert H. Hal
City of Coppell
City
Management Study
Provides solutions for
Associates, Inc.
various drainage
problems around town.
Bethel Road
Shows information on
Preliminary Plans
how Bethel will be
City of Coppell
reconstructed
Full Credit for Dedication
Impact Fee Capital
Provides information
6
of Right of way
Improvement Plan -
on how to calculate an
8e1/2005
Freese and Nichols,
City of Coppell
Water, Wastewater,
impact fee and the fee
Inc.
and Roadway
to be accessed
DCAD Information
Provides accessed
Dallas County
Online
valuation of property
Appraisal District
Shows fees to be
Fee change to $2000
7
Pay for Flood Study
City of Coppell Fee
charged for various
11/13/2001 &Fee
City of Coppell
Resolution
change to $2500 -
services
5/22/2007
8
Sidewalk to Nowhere
Subdivision Ordinance
Covers development
4/12/1994
City of Coppell
of propert
General Description
Topic Discussed
Title
of Topics Covered
Date
Preparers)
Recipient(s)
Subdivision Ordinance
Covers development
4/12/1994
City of Coppell
9
Rolled Curb
of property
Standard Construction
Regulate Infrastructure
5/12/1992 &Revised
City of Coppell
Details
Construction
5/10/2005
Subdivision Ordinance
Covers development
4/12/1994
City of Coppell
10
Inlets
of property
Drainage Design
Design of drainage
5/1/1993
City of Dallas
Manual
11
Slopes
n/a
12
Screening Wall in
n/a
Easement
Letter of Map
5/23/2007 &
Kimley- Horn and
13
Flood Study Review Letters
Revision (LOMR)
Review of flood study
6/27/2007
Associates, Inc.
City of Coppell
Review
14
Use of Rolled Curbs
Construction Detail
Street construction
5/10/2005
City of Coppell
2035
15
Street Caps
Standard Construction
Regulate Infrastructure
5/12/1992 &Revised
City of Coppell
Details
Construction
5/10/2005
16
Street Capacity Analysis
Letter
Analysis of street
8/3/2007
Tim Bennett, P. E.
City of Coppell
capacit