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~, ~ ~ - ~ ,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I I - ~ MAY-22-2001 18:01 FROM MAILROOM TO 17208902700 P.05/06 . . Expert Witness Testimonial Experience Robert W. Blair, Jr. I. November 1998, Federal Court, COlmly of La Plata, State of Colorado Case No. 97 CV 149, E. T. Barker vs. Board of COWlty Commissioners, et al. I was an expert witness for the Board of County Conunissioners, et al.The case involved a dispute over ownership and use of an old trail and mining road to the top of Eagle Pass in the La Plata Mountains. This road at the turn of the century was deemed a public access, but Barker claims that his family later purchased the surrounding land, and thus, the road became private, subject to no trespass. The U.S. Forest Service and county claim the road, is public domain. I presented a deposition and was an expert witness during court proceedings. I was able to show using old maps and aerial photographs that 400/0 of the mining road followed the old trail. This was used to uphold the public domain argument. Judge Lewis Babcock later issued a decision that indicated the lower 90% of the road was indeed public domain and only the upper 10% could be deemed private. 2. May and June 1989. District Court, COWlty of La Plata, State of Colorado Case No. 88CV312, Larry White and Jennifer White, Plaintiffs, vs.Marlc Buono, Joe Bob McGuire, John Wells, and the Wells Group, a Partnership, Defendants. , I was engaged as an expert witness for the Plaintiffs. As I recall the case, Larry and Jennifer White purchased land upon which to build their future home at Sailing Hawks. The Whites were WlaWBre at the time of purchase that the lot was part of a prehistoric landslide and that part of this landslide moved within the past five years. I don't recall how they fOWld out about the landslide, but I believe it was from either neighbors or the architect The Whites wanted their money back from the sale, claiming that fuey paid premium dollar 'for land on stable ground and that trying to sell this same land now on known landslide would result in a large depreciation in value. Wells Group claimed that the land was stable beCause the landslide was prehistoric, thus should have no effect upon their future home, I was called in to examine the stability of the purchased lot (Sailing Hawks site # 5). I was able to show from field evidence and photo documentation, that the gI"OWld surface showed signs of instability because of its proximity to the recently active adjacent secondary landslide. I gave a deposition that laid out the evidence and my opinion. The case was settled out of court. 3. August 1987. State of New Mexico County of San Juan in the District Court case # CV 86-00154-4, Flora Vista Water Users association Plaintiff, vs. Manana Gas, Inc., DefendanuThird Party Plaintiff, vs. El Paso Natural Gas Co, Third Party Defendant. I was contacted by a Mr. Richard Cheney, President Brewer Associated of Farmington, NM to represent The Flora Vista Water Users Association and to observe on their behalf fieldwork being conducted with the expressed purpose of determ;ning the source and responsible party for me hydrocarix}fl COOt"min'ltion of domestic water we1Js . usCli by Flora Vista Estates, Thirteen trenches were excavated at strategic places across '