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<br />DRAFT <br /> <br />Potential Lawsuit <br /> <br />On Wednesday, September 15, Brian Hyde was phoned by Mr. Ken Bruch, Florence City <br />Manager, and told that th,~ property owners had retained an attorney. Mr. Bruch asked for copies <br />of any relevant memoranda, meeting minutes, or correspondence. On Thursday, September 16. <br />a representative of the L\1MP study contractor, Love & Associates of Boulder, told Brian that <br />Mr. Bruch had phoned their office the previous day and that "they were going to sue everybody." <br />At this point we don't know whether they plan to sue the Colorado Water Conservation Board <br />or any individual employees, but that certainly seems possible. Our understanding is that the <br />developers contend that tiley were told by a FEMA representative at the May 1992 meeting (and <br />perhaps by CWCB representatives at that or other meetings) that they could fill on their site up <br />to the depth of flooding and "everything would be all right." Now they apparently feel that they <br />were misled. At this point the validity of that sort of contention is up in the air, but it seems <br />prudent to anticipate a lawsuit. <br /> <br />