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. .'~1P'.'-22~-2001 18 01 FR. MRILROOM TO ~20B'P02700 P.05i06 <br />Expert Witness Testimonial Experience <br />Robert W. Blair, Jr. <br />1. November 1998. Federal Court, County of La Plata, State of Colorado Case No. 97 CV <br />149, E. T. Barker vs. Board of County Commissioners, et al. <br />I was an expert witness for the Board of County Commissioners, et al. The case <br />involved a dispute over ownership and use of an old trail aad mining road to the top of <br />Eagle Pass in the La Plata Mountains. This road at the turn of the century was deemed a <br />public access, but Barker claims that his family later purchased the surrounding lead, and <br />thus, the road became private, subject to ao trespass. The U.S. Forest Service and county <br />claim the road is public domain. I presented a deposition and was an expert witness <br />during court proceedings. I was able to show using old maps and aerial photographs that <br />40% of the mining road followed the old trail. This was used to uphold the public domain <br />argument. Judge Lewis Babcock later issued a decision that indicated the lower 90% of <br />the road was indeed public domain and only the upper 10% could be deemed private. <br />2. May and June 1989. District Court, County of La Plata, State of Colorado Case No. <br />88CV312, Larry White and Jennifer White, Plaintiffs, vs. Mark Buono, Joe Bob <br />McGuire, .fohn Wells, and the Wells Group, a Partrlership, Defendants. <br />I was engaged as an expert witness for the Plaintiffs. As I recall the case, Larry <br />and Jennifer White purchased land upon which to build their future home at Sailing <br />Hawks. The Whites were unaware at the time of purchase that the lot was part of a <br />prehistoric landslide and that part of this landslide moved within the past five years. I <br />don't recall how they found out about the landslide, but I believe it was firm either <br />neighbors or the architect. The Whites wanted their money back from the sale, claiming <br />that they paid premium dollar for land on stable ground and that trying to sell this same <br />land now on known landslide would result in a large depreciation in value. Wells Grottp <br />claimed that the land was stable because the landslide was prehistoric, thus should have <br />no effect upon their future home. I was called in to examine the stability of the purchased <br />lot (Sailing Hawks site # 5). I was able to show from field evidence and photo <br />documentation, that the ground surface showed signs of instability because of its <br />proximity to the recently active adjacent secondary landslide. I gave a deposition that laid <br />out the evidence and my opinion. The case was settled out of court. <br />3. August 1987. State of New Mexico County of San Juan in the District Court case # CV <br />86-00154-4, Flora Vista Water Users association Plaintiff, vs. Manana Gas, Inc., <br />Defendant/Third Party Plaintiff, vs. El Paso Natural Gas Co, Third Party Defendant. <br />I wss contacted by a Mr. Richard Cheney, President Brewer Associated of <br />Farmington, NM to represent The Flora Vista Water Users Association and to observe on <br />their behalf fieldwork being conducted with the expressed purpose of dete***~+ntng the <br />source and responsible parry for tfie hydmcanbon contamination of domestic water webs , <br />used by Flora Vista Estates. T'hirtcen trenches were excavated at strategic places across <br />