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FLOOD00189
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Last modified
11/23/2009 1:22:02 PM
Creation date
10/4/2006 9:08:07 PM
Metadata
Fields
Template:
Floodplain Documents
County
Denver
Community
Denver, Lakewood
Stream Name
Weir Gulch Tributaries
Title
Major Drainageway Planning
Date
7/1/1978
Prepared For
Denver County
Prepared By
UDFCD
Contract/PO #
&&
Floodplain - Doc Type
Floodplain Report/Masterplan
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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I APPErIDI X [J <br /> Legal Opinion to <br />I Phase A P.eport <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />S t I 01:::.'>{ A i';' :.:n -,'--.." D ',;'-liA')l <br />ATTOil.....l::Y!3 AT r_'\.~' <br /> <br />Y.' ~5:'::-'" :::;'-<':.,_:..........;;:Ff <br />>t 1'<7:; ...'nA.... <br />LD......=lD ..I. ",;:O::::'J~, ..IN. <br /> <br />I"',~I COURT PL"'~L 1JUIL()J~.G <br /> <br />DES'-l':n, C()LOltADO UO~02 <br /> <br />~,:;3-~J""-6")86 <br /> <br />AIC-<"~:) ..t. HILL <br /> <br />D~cember 9, 1977 <br /> <br />Mr. Ben rrbonas, F.E. <br />Urban Drainage and Flood Control District <br />2480 West 26th Avenue, Suite 156-B <br />Denver Colorado 80211 <br />, <br /> <br />Re: Weir Gulch Tributaries <br /> <br />Dear Ben: <br /> <br />Iv. Joseph Shoemaker has received your letter of October 25, <br />1977, including the above-referenced report, and has requested <br />that I render a legal opinion as to the recorr~endations contained <br />in the report. I have read the report in its entirety and have <br />viewed the areas in question with you as my guide. As I see the <br />report, it is meant to be an engineering and planning approach to <br />a particular drainageway in t~e District, and my co~ents contained <br />in this letter are meant to r.. ~se and cover potential legal issues <br />and should not be interpreted as being critical of the report, nor <br />as substituting my judgment for yours or Centennial Engineering, <br />l.nc. <br /> <br />Generally, in my opinion, the City of Lake~.,Tood, the City and <br />County of Denver, and the District, who are paying for this report, <br />have no obligation to do anything about the dangerous conditions <br />which now exist, except perhaps to call to the attention of the <br />O'Nners and dwellers in the Basin such conditions. Private parties, <br />for the most part, have created the hazardous and potentially <br />hazardous conditions and in the event of loss of life or property <br />such persons damaged would have their recourse against the tort <br />feasors. <br /> <br />Although government has no obligation to help solve these <br />man-made problems, if, for various reasons it chooses to do so, <br />which is the prerogative of the legislative bodies of each govern- <br />ment then it must make certain that such assistance is carried out <br />, <br />in a non-negligent manner. I do not believe the law requires local <br />gov2rr.m~nts to prevent or even solve drainage and flood control <br />problems. However, if a government chooses to do so, it will be <br />held to the 52me standard of care as a private party. <br /> <br />B-1 <br />
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