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candor evidenced by Division's failure to reveal to the Board Fontanari's counsel's repeated <br /> requests to be present, and for a continuance. <br /> Fontanari and counsel deny any misconduct in this case, a matter discussed in full at C, <br /> below. <br /> C. THE RULE 11 ALLEGATIONS AGAINST ATTORNEY HENDERSON <br /> ARE VASTLY OVERBLOWN,AND IGNORE THE RESPONSE <br /> HENDERSON MADE TO COUNSEL'S OCTOBER 7,2019 E-MAIL <br /> Attorney Henderson obtained and reviewed the transcript of the August 21 hearing. <br /> In the transcript, Fontanari described himself as the owner of Western Slope Flagstone <br /> LLC" (Transcript at p.37 ) Near the end of the hearing transcript, Fontanari was asked by <br /> DRMS counsel whether a corporation was involved. Fontanari replied that he was not a <br /> sole proprietor. (Transcript at p. 111) With no follow up, Co-Chairman Luke closed the <br /> hearing record. Each of these transcript sections is attached to Fontanari's Motion to re- <br /> open. <br /> These statements stand at odds with the original 112 application,which listed the <br /> "Rudy Fontanari Revocable Living Trust"and "Western Slope Flagstone,a sole <br /> proprietorship". Also attached to the Motion to Re-Open were filings from the Secretary of <br /> State indicating that Western Slope Flagstone,LLC had been created in 2005,which <br /> appeared to be in the period when Fontanari filed his 112 conversion application (2002) <br /> and the completion of bonding for the converted permit(2005). No evidence was <br /> presented one way or another as to whether the LLC had been made a party,or whether <br /> there was ever a formal permit transfer to the LLC.As will be noted below, Henderson <br /> pointed this out to attorney Schultz the very next day after his October 7 e-mail. <br /> 6 <br />