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Pickford, Kate <br />From: Mike Chapman [mchapman@snc-law.com] <br />Sent: Monday, June 29, 2009 3:47 PM <br />To: Pickford, Kate; Jeff Fugate <br />Cc: nick@npalmerlaw.com; Charles C. Powers; Sarah Taylor <br />Subject: Zellitti Pit Amendment - Request to delay decision and reschedule Board Hearing <br />Attachments: 6-29-09 Pickford.pdf; 6-29-09 Hearing Ext Ltr-RNP signature.pdf <br />Ms. Pickford: <br />Attached please find the Request to Delay Decision and Reschedule Board Hearing letter that I <br />discussed with you on June 25, 2009 and again today. The two attachments are the same <br />letter signed by Nick Palmer, legal counsel for Applicant/Permitee Anthony Zellitti and myself as legal <br />counsel for Hocker Construction, L.L.P. <br />As you can see, the letter contemplates the signature of Charles Powers, legal counsel for Objector <br />Zellitti Properties and Wilma Zellitti, but you will note that his signature does not appear on the letter. <br />I spoke with Mr. Power's assistant today and was informed that Mr. Powers is out of the office today <br />and is anticipated to return to his office tomorrow afternoon. I understand that Mr. Powers will likely <br />have the opportunity to review the letter tomorrow afternoon. Based upon the June 25, 2009 <br />stipulation entered by the parties in the La Plata County State District Court case referenced in the <br />letter, I believe that Mr. Powers will sign the attached letter, but I cannot tell you with certainty that he <br />will. <br />Let me know if you need anything further from me at this time. <br />A. Michael Chapman, Esq. <br />Shand, Newbold & Chapman, P.C. <br />150 E. 9th Street, Suite 400 <br />PO Box 2790 <br />Durango, CO 81302 <br />970-385-2543 (Direct Dial) <br />970-247-3100 (Fax) <br />E-mail: mchapman@snc-law.com <br />CONFIDENTIALITY NOTICE <br />This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may <br />contain information that is confidential or legally privileged. If you are not the intended recipient, or a <br />person responsible for delivering it to the intended recipient, copying, printing, distribution or use of any <br />of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have <br />received this transmission in error, please immediately notify the sender by telephone or return e-mail