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HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 165T - EXHIBIT T1 Loehr, Rosemary Ann From: Eric Sutherland <sutherix@yahoo.com> Sent: Tuesday, May 07, 2019 10:19 PM To: Loehr, Rosemary Ann Cc: Mill, John W.; Carrie Daggett; John Duval Subject: Re: Filed today in 2018CV149 Attachments: 2019-05-07 Ft Collins Resp to Pltfs Mtn to Withdraw Pltfs Rule 59 Mtn (50027886v1).PDF Ms. Loehr, Please see my Response to the City's Motion to Dismiss. My theory of law regarding a petitione'rs standing to bring a declaratory judgment action when faced with a non-claim statute was clearly articulated in that Response. pages 5-10. There was no need to articulate this theory of law in the complaint. Stating the theory when I stated it was the first and best time to do so. You are apparantly unschooled in law and the procedural history of this case. You have just wasted more money that is coming out of the pockets of my neighbors and friends. As I have written before, I have since found authority from another jurisdiction that props up my theory of law completely. Remarkably, the reasoning of the court in that case is nearly identical to the reasoning I presented. Alternatively, I have not found any authority where a court has denied standing to a petitioner in the face of the nonclaim statute. Even if an authority contravening my theory of law existed, you could not raise an argument on appeal that you did not raise in the trial court. Thank heavens for the First Amendment. It will survive your ignorance and willingness to argue that citizens have no right to petition. Eric Sutherland On Tuesday, May 7, 2019, 5:54:34 PM CDT, Loehr, Rosemary Ann <RLoehr@shermanhoward.com> wrote: Mr. Sutherland: Please find attached the City’s response to your Motion to Withdraw the Rule 59 Motion. You will also receive a copy via U.S. mail. Thanks, Rosemary EXHIBIT T DATE FILED: December 6, 2019 4:56 PM FILING ID: D7672ED5BB10B CASE NUMBER: 2018CV149 2 Rosemary A. Loehr - Associate 633 Seventeenth Street, Suite 3000, Denver, Colorado 80202 Direct: 303.299.8162 rloehr@shermanhoward.com | www.shermanhoward.com CONFIDENTIALITY NOTICE This electronic mail transmission and any attachments contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please immediately inform me by "reply" email and delete the message. Thank you. From: Eric Sutherland [mailto:sutherix@yahoo.com] Sent: Monday, May 06, 2019 6:35 PM To: Loehr, Rosemary Ann <RLoehr@shermanhoward.com>; Cole J. Woodward <cwoodward@bhfs.com>; Eric R. Burris <eburris@bhfs.com>; Mill, John W. <JMILL@shermanhoward.com>; Carrie Daggett <cdaggett@fcgov.com>; John Duval <jduval@fcgov.com>; Robert G. Rogers <rrogers@wbapc.com>; Casey K. Lekahal <clekahal@wbapc.com>; George Hass <hassgh@co.larimer.co.us>; Jeannine Haag <haagjs@co.larimer.co.us>; David Ayraud <dayraud@larimer.org>; Frank Haug <haugfn@co.larimer.co.us> Subject: Filed today in 2018CV149 All parties should have recieved a copy of the Second Notice of Appeal and Orders appealed. An electronic copy of the Second Notice of Appeal is attached. No party has preserved any argument to refute the basis for my claim to standing. On the one hand, this was effective in getting Judge Lammons to disregard my arguments and authority. On the other hand, this is going to be a rather lobsided appeal. Eric