Sonja Mullerin v John Hayter, et al.

,1:12-cv-00190-SPM-GRJ Florida state court alleged to operate as a RICO enterprise District Clerk would not issue summons for Florida judges Mullerin v Hayter alleges a Florida state court operated as a corrupt RICO enterprise. The Plaintiff alleged a Florida court deprived her of rights under 42 U.S.C. 1983 through a pattern of racketeering activity to benefit a local attorney and law firm that used the court for asset stripping - to obtain fraudulent court orders requiring money or property to be transferred from the true owners - persons targeted by the enterprise - to the law firm and its clients. The suit alleges the Alachua County Florida court was not operated in an effective and expeditious manner for which it was created by statute - but as a corrupt RICO enterprise for the private benefit of the law firm and its clients. This case also shows the District Clerk would not issue summons in a lawsuit against Florida judges. A composite of documents is posted on Scribd: http://www.scribd.com/doc/163229364/Sonja-Mullerin-v-John-Hayter-1-12-Cv-190 Case: Sonja Mullerin v John Hayter, et al.,1:12-cv-00190-SPM-GRJ U.S. District Court, Northern District, Florida - case filed August 20, 2012 Plaintiff - Sonja Mullerin, UF grad student in a landlord-tenant dispute. The Plaintiff was previously an attorney licensed in Colorado but not licensed in Florida. Defendants -John Hayter, a Florida licensed attorney ID 275141. John F. Hayter, Attorney At Law, P.A., 704 NE 1st St., Gainesville, Florida 3260-15303 Judith Yesha Brill, individual, the landlord, and client of John Hayter. David Kreider is a judge of the Alachua County Court in his individual capacity. [David Philip Kreider is a member of the judiciary and The Florida Bar, ID 961248] Denise Ferrero is a judge of the Alachua County Court in her individual capacity. [Denise Rae Ferrero is a member of the judiciary and of The Florida Bar, ID 971944] Debbie Spivey, individual, and Judge Kreider's judicial assistant. Doc. 16. First Amended Complaint, Civil RICO, 42 U.S.C. 1983, October 18, 2012. Doc. 19. Motion for Order Directing Issuance of Summons, October 30, 2012. Doc. 20. Letter to U.S. Judge Stephan P. Mickle, re summons, November 15, 2012. Doc. 21. Order, Gary R. Jones, U.S. Magistrate Judge, in part below...January 15, 2013. Plaintiff alleges violations of the Racketeering Influenced and Corrupt Organization Act (RICO), 18 U.S.C. 1961-1968 and of her civil rights under 42 U.S.C. 1983. Plaintiffs claims stem from state civil court proceedings involving a dispute with her landlord. She contends that her landlord and her landlords attorney violated RICO by using the courts to strip Plaintiff of her assets and that the attorney, three state court judges, and a judicial assistant conspired to obstruct justice and violate Plaintiffs civil rights. The state court proceedings were pending at the time Plaintiff filed her complaint. Plaintiff requests damages, permanent injunctive relief, and attorneys fees.... Doc. 23. Order, dismissed w/o prejudice, U.S. Magistrate Judge Gary R. Jones, March 4, 2013.

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION SONJA MULLERIN, Plaintiff, v. JOHN HAYTER, et al., Defendants. _____________________________/ ORDER This matter is before the Court on Plaintiffs Motion for Order Directing Issuance of Summonses (Doc. 19). Plaintiff, proceeding pro se, has also written a letter to the Court regarding her case. (Doc. 20). Plaintiff alleges violations of the Racketeering Influenced and Corrupt Organization Act (RICO), 18 U.S.C. 1961-1968 and of her civil rights under 42 U.S.C. 1983. Plaintiffs claims stem from state civil court proceedings involving a dispute with her landlord. She contends that her landlord and her landlords attorney violated RICO by using the courts to strip Plaintiff of her assets and that the attorney, three state court judges, and a judicial assistant conspired to obstruct justice and violate Plaintiffs civil rights. The state court proceedings were pending at the time Plaintiff filed her complaint. Plaintiff requests damages, permanent injunctive relief, and attorneys fees. (Doc. 16.) Plaintiff was previously denied leave to proceed in forma pauperis (Docs. 14, 17) and subsequently paid the full filing fee (Doc. 15). In her Motion for Order Directing Issuance of Summonses (Doc. 19), Plaintiff advises the Court that she asked the Clerk CASE NO. 1:12-cv-190-SPM-GRJ

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to issue summonsesthough she did not present the Clerk with completed summons formsand the Clerk refused, telling Plaintiff she would need a court order to proceed with service. Plaintiff requests the Court to issue an order directing the Clerk to issue summonses for defendants in this case. Shortly thereafter, Plaintiff wrote a letter addressed to the District Judge explaining that her only remedy would be to go to the Eleventh Circuit Court of Appeals with a request for mandamus, but she would be agreeable to voluntarily dismissing her case if the Court refunded her $350.00 filing fee. (Doc. 20). Plaintiff is advised that she may voluntarily dismiss the instant action pursuant to Rule 41(a)(1). Such a dismissal could be effected without order of the court and would be without prejudice. However, Plaintiff would not be entitled to a refund of her $350.00 filing fee. Plaintiff is also concerned that a voluntarily dismissal of this case would be considered a previous dismissal under Rule 41 if she should initiate the suit in the future and attempt to voluntarily dismiss that suit. Pursuant to Rule 41, that would be the effect and a second voluntary dismissal of the same claims would operate as an adjudication on the merits. Voluntary dismissal of the instant case would be without prejudice and would not be considered an adjudication on the merits. Given this clarification, Plaintiff will be given 14 days to advise the Court whether she wishes to pursue this case1 or file a notice of voluntary dismissal. Meanwhile, a ruling on Plaintiffs motion to direct issuance of summonses will be deferred. Upon due consideration, it is ORDERED:
1

If Plaintiff wishes to pursue this case, before sum m onses will be issued the Court will address whether this case should be dism issed in its entirety for lack of subject m atter jurisdiction and for failure to state a claim .
Case No: 1:12-cv-190-SPM-GRJ

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1. Ruling on Plaintiffs Motion for Order Directing Issuance of Summonses (Doc. 19) is DEFERRED. 2. Plaintiff has until on or before January 29, 2013 to advise the Court of whether she intends to pursue this case or file a notice of voluntary dismissal of the instant action. DONE AND ORDERED this 15th day of January 2013.

s/Gary R. Jones
GARY R. JONES United States Magistrate Judge

Case No: 1:12-cv-190-SPM-GRJ

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION SONJA MULLERIN, Plaintiff, v. JOHN HAYTER, et al., Defendants. _____________________________/ ORDER This matter is before the Court on Plaintiffs Notice of Dismissal. (Doc. 22.) Pursuant to the Courts January 15, 2013 Order (Doc. 21) directing Plaintiff to advise the Court of whether Plaintiff intends to pursue this case or file a notice of voluntary dismissal, Plaintiff has filed a Notice of Dismissal providing notice that the case is dismissed. Although Plaintiff characterizes the dismissal as an involuntary dismissal the dismissal constitutes a voluntary dismissal under Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure. Pursuant to Rule 41(a)(1)(A) a plaintiff may dismiss an action without court order by filing: (I) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. The Rule provides that the dismissal is without prejudice. The notice of dismissal is self-executing without further court action. Accordingly, this case is dismissed without prejudice and the Clerk is directed to CASE NO. 1:12-cv-190-SPM-GRJ

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close the case and terminate all pending motions . DONE AND ORDERED this 4th day of March 2013.

s/Gary R. Jones
GARY R. JONES United States Magistrate Judge

Case No: 1:12-cv-190-SPM-GRJ

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U.S. District Court Northern District of Florida (Gainesville) CIVIL DOCKET FOR CASE #: 1:12-cv-00190-SPM-GRJ

MULLERIN v. HAYTER et al Assigned to: SENIOR JUDGE STEPHAN P MICKLE Referred to: MAGISTRATE JUDGE GARY R JONES Cause: 18:1961 Racketeering (RICO) Act

Date Filed: 08/20/2012 Date Terminated: 03/04/2013 Jury Demand: Plaintiff Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Federal Question

Plaintiff SONJA MULLERIN represented by SONJA MULLERIN PO BOX 358378 GAINESVILLE, FL 32635 PRO SE

V. Defendant JOHN HAYTER AN INDIVIDUAL Defendant JUDITH YESHA BRILL AN INDIVIDUAL Defendant DAVID KREIDER JUDGE OF THE ALACHUA COUNTY COURT IN HIS INDIVIDUAL CAPACITY Defendant DENISE FERRERO JUDGE OF THE ALACHUA COUNTY COURT IN HER INDIVIDUAL CAPACITY Defendant DEBBIE SPIVEY AN INDIVIDUAL

Date Filed 08/20/2012

Docket Text

1 COMPLAINT against JUDITH YESHA BRILL, DENISE FERRERO, JOHN HAYTER, DAVID KREIDER, DEBBIE SPIVEY, filed by SONJA MULLERIN. (No service

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copies received, no fee paid, motion for IFP received) (kdm) (Entered: 08/20/2012) 08/20/2012 08/20/2012 08/20/2012 2 MOTION for Leave to Proceed in forma pauperis by SONJA MULLERIN. (Affidavit of Financial Status attached) (kdm) (Entered: 08/20/2012) 3 MOTION to File 2 MOTION for Leave to Proceed in forma pauperis Under Seal by SONJA MULLERIN. (kdm) (Entered: 08/20/2012) 4 VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND Preliminary Injunction by SONJA MULLERIN. (Attachments: # 1 Proposed Temporary Restraining Order) (kdm) (Entered: 08/20/2012) 5 CERTIFICATE OF NOTICE/SERVICE by SONJA MULLERIN re 1 Complaint, 4 VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND Preliminary Injunction. (kdm) (Entered: 08/20/2012) 6 Notice to Pro Se. Mailed to: SONJA MULLERIN, PO BOX 358378, GAINESVILLE, FL 32635. (kdm) (Entered: 08/20/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 1 COMPLAINT, (No service copies received, no fee paid, motion for IFP received), 2 MOTION for Leave to Proceed in forma pauperis, (Affidavit of Financial Status attached), 3 MOTION to File MOTION for Leave to Proceed in forma pauperis Under Seal, 4 VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND Preliminary Injunction, 5 CERTIFICATE OF NOTICE/SERVICE. Referred to GARY R JONES. (kdm) (Entered: 08/20/2012) 8 REPORT AND RECOMMENDATION - It is recommended that Plaintiffs motion for a temporary restraining order (Doc. 4 ) be DENIED. R&R flag set. Signed by MAGISTRATE JUDGE GARY R JONES on 8/21/2012. Internal deadline for referral to district judge if objections are not filed earlier: 9/18/2012. (kdm) (Entered: 08/22/2012) 9 OBJECTION to Magistrate's 8 Report and Recommendations by SONJA MULLERIN. (kdm) (Entered: 09/05/2012) 10 RENEWED AND AMENDED APPLICATION/MOTION for Preliminary Injunction by SONJA MULLERIN. (kdm) (Entered: 09/05/2012) 11 RENEWED MOTION to File Under Seal, re 3 MOTION to File 2 MOTION for Leave to Proceed in forma pauperis by SONJA MULLERIN. (kdm) (Entered: 09/05/2012) ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE STEPHAN P MICKLE notified that action is needed Re: 9 OBJECTION to Magistrate's 8 Report and Recommendations, 10 RENEWED AND AMENDED APPLICATION/MOTION for Preliminary Injunction, 11 RENEWED MOTION to File Under Seal, re 3 MOTION to File 2 MOTION for Leave to Proceed in forma pauperis. (kdm) (Entered: 09/05/2012) 12 SEALED ORDER. Signed by SENIOR JUDGE STEPHAN P MICKLE on 9/13/2012. (kdm) (Entered: 09/13/2012) 13 ORDER adopting 8 Report and Recommendation; denying 4 VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND Preliminary Injunction. Signed by SENIOR JUDGE STEPHAN P MICKLE on 9/14/2012. (kdm) (Entered: 09/14/2012)

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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 13 ORDER adopting 8 Report and Recommendation. (kdm) (Entered: 09/14/2012) 14 REPORT AND RECOMMENDATION - It is recommended that pursuant to 28 U.S.C. 1915(a)(1), Plaintiffs motion for leave to proceed in forma pauperis (Doc. 2 ) should be DENIED and Plaintiff should be directed to file the $350.00 filing fee, failing which this case should be dismissed without further notice. Signed by MAGISTRATE JUDGE GARY R JONES on 10/2/2012. Internal deadline for referral to district judge if objections are not filed earlier: 10/30/2012. (kdm) (Entered: 10/03/2012) 15 CIVIL Filing fee: $ 350.00, receipt number 1-1789. Fee status updated to paid. (kdm) (Entered: 10/18/2012) ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE STEPHAN P MICKLE notified that action is needed Re: 15 CIVIL Filing Fee Received, re 14 REPORT AND RECOMMENDATION re 2 MOTION for Leave to Proceed in forma pauperis. (kdm) (Entered: 10/18/2012) 16 FIRST AMENDED COMPLAINT against JUDITH YESHA BRILL, DENISE FERRERO, JOHN HAYTER, DAVID KREIDER, DEBBIE SPIVEY, filed by SONJA MULLERIN. (No service copies received) (Parties will be updated only after the court has reviewed the amended complaint and specifically directed the Clerk to add the additional parties reflected in the amended complaint) (kdm) (Entered: 10/18/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 16 FIRST AMENDED COMPLAINT (No service copies received). (kdm) (Entered: 10/18/2012) 17 ORDER ADOPTING 14 REPORT AND RECOMMENDATION; denying 2 Motion for Leave to Proceed in forma pauperis. Signed by SENIOR JUDGE STEPHAN P MICKLE on 10/19/2012. (kdm) (Entered: 10/19/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 17 ORDER ADOPTING 14 REPORT AND RECOMMENDATION. (kdm) (Entered: 10/19/2012) 18 ORDER DENYING 10 RENEWED AND AMENDED APPLICATION FOR PRELIMINARY INJUNCTION. Signed by SENIOR JUDGE STEPHAN P MICKLE on 10/23/2012. (kdm) (Entered: 10/23/2012) 19 MOTION For Order Directing Issuance of Summonses by SONJA MULLERIN. (Attachments: # 1 Cover Letter) (kdm) (Entered: 10/30/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 19 MOTION For Order Directing Issuance of Summonses. Referred to GARY R JONES. (kdm) (Entered: 10/30/2012) 20 Letter titled "Dear Judge Mickle" from SONJA MULLERIN (kdm) (Entered: 11/15/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 20 Letter titled "Dear Judge Mickle" from SONJA MULLERIN. (kdm) (Entered: 11/15/2012)

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21 ORDER deferring 19 MOTION For Order Directing Issuance of Summonses. (Advise the Court of whether she intends to pursue this case or file a notice of voluntary dismissal - on or before 1/29/2013). Signed by MAGISTRATE JUDGE GARY R JONES on 1/15/2013. (kdm) (Entered: 01/15/2013) 22 NOTICE of Dismissal by SONJA MULLERIN. (kdm) (Entered: 01/29/2013) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 22 Notice of Dismissal, re 21 Order. (kdm) (Entered: 01/29/2013) 23 ORDER, re 22 NOTICE of Dismissal. Signed by MAGISTRATE JUDGE GARY R JONES on 3/4/2013. Accordingly, this case is dismissed without prejudice and the Clerk is directed to close the case and terminate all pending motions. (kdm) (Entered: 03/05/2013)

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ALISON MAYNARD
PERSONAL INFORMATION Address: 2075 S. University Blvd., #D-264, Denver, CO 80210 Tel: (303) 758-7038 E-mail address:dinophile@gmail.com ACADEMIC DEGREES: Juris Doctor December 1986 Bachelor of Arts May 1976 Major: physics Univ. of Denver College of Law Denver, Colorado Cornell University College of Arts and Sciences Ithaca, New York

(Have also taken 57 hours in biology and chemistry at Univ. of Colorado Denver,
with 3.89 GPA; 4.0 GPA in biology courses alone.)
LAW-RELATED WORK EXPERIENCE Private Practice (1991 - present): Litigation practice in the areas of water and land use law, including trial, appellate, and administrative work. Clients have included citizens' groups, nonprofit corporations, homeowners' associations, individuals, the Town of Crested Butte, and Chaffee County Board of County Commissioners. Formed the Center of Colorado Water Conservancy District in Park County, Colorado; was an on-call hearing officer for the Colo. Dept. of Education in special education due process hearings from 1991-2000. Contract City Attorney, Craig, Colorado (March 1993 - April 1994): Advised City Council and staff on municipal issues, including real estate, contracts, personnel matters, insurance, planning and zoning, ditch and water rights, elections, and tort liability; prosecuted municipal ordinance violations and building abatement and appeals proceedings. Assistant Attorney General, State of Colorado (February 1989 - July 1991): Represented Colorado State Engineer, Division of Wildlife, Colorado Water Conservation Board, and Division of Parks and Outdoor Recreation in water rights adjudications, changes of water rights, plans for augmentation, instream flow applications, and administrative hearings over groundwater permits. Deputy District Attorney, 22 nd Judicial District (June 1988 - January 1989): Prosecuted misdemeanors in the two county courts in the district (in Cortez and Dove Creek) and did motion and preliminary hearings in felony cases. Legal Research Associate, Colorado Municipal League (January 1985 - December 1986): Responded to legal inquiries from municipal officials across the state. Updated three legal handbooks for municipal officials published by the League on liquor licensing laws, election laws, and clerks' responsibilities; researched and drafted proposed legislation of interest to municipal officials.

Alison Maynard Page 2

PUBLICATIONS
- "Deconstructing a Water Project," 2 Univ. of Denver Water Law Rev. 227-66 (1999) - "Divested Water Rights: The Legal Status of Instream Flow Decrees in Colorado," 18 D.V. Water Court Reporter 9 (Spring/Summer 1996) - "The Reuse Right in Colorado Water Law: A Theory of Dominion," 68 D.U. Law Rev. 413 (1991) - "Private Parts in Public Places," Colorado Municipalities (Sept./Oct. 1985) - Several articles on subjects of interest to women lawyers for Colorado Women's Bar Ass'n newsletter, 1990-95.

POLITICAL ACTIVITIES/PROFESSIONAL AFFILIATIONS

Green Party candidate for Colorado Attorney General, 2002; Green Party State Co-chair, April 2003 - April 2004 and State Secretary, Jan. - June 2002; Secretary-Historian, Marsh Inn of Court (2001-02); member, Marsh Inn of Court, 1997 - 2003; member, Colorado Bar Ass'n Ethics Committee, 1993-97; member Colorado Bar Ass'n, Denver Bar Ass'n, Colo. Trial Lawyers' Ass'n, Colorado Women's Bar Ass'n, Colo. Women's Agenda, variously from 1988 on. MISCELLANEOUS Summary of non-law-related enlployment: Radio Announcer April 1986 - May 1988 Research and Processing Geophysicist! Seismic Permit Agent! Jr. Observer (1980 - 83 and summer 1984) Ass'! Scientist, Elec. Appliances Div. June 1977 - June 1978 KVOD Radio Denver, Colorado C.G.G./Berrong Enterprises/ and Norpac Exploration, all in Denver South African Bureau of Standards Pretoria, South Africa

Have judged several moot court competitions at D.V. College of Law. Invited speaker at Colo. State University's "Distinguished Speaker Series," Gunnison Water Workshop, and Green Building Council's national conference. Completed 10-week CLE in Real Estate Law and 3-day NITA course in deposition skills, 1994. Mayoral appointee, Metro Denver Wastewater Reel. Dist. Bd of Directors, 1984-88. L.S.A.T. score: 98 th percentile. G.R.E. scores (1979): 97th percentile, math; 96 th percentile, verbal; (2007): 99 th percentile verbal; 74 th percentile math. Nat'l Merit Finalist and four-year scholarship winner, 1972. Nat'l Council of Teachers of English award, 1971. Member, Opera Colorado Chorus and Colorado Symphony Orchestra chorus at various times from 1988 to present. Member, Colorado Mountain Club.

Alison Maynard
Summary of Civil Litigation and Appellate Experience

On July 5, 2007, obtained a ruling fron1 the Colorado Court of Appeals that my clients
George and Patricia Barilla were entitled to damages and attorney fees for ten years of litigation over a road bulldozed across their property by Gary Magness (heir to the TCl fortune) with the approval of the Park County Board of County Commissioners. The Court also confirmed my position that there was no dedication of this property as a road. I have so far recovered damages and fees in six figures. In January 2005 did a two-week trial in U.S. District Court, in front of The Hon. Richard Matsch, representing the plaintiffs (two former lessees of Colorado State Land Board property in Park County, Colorado) in a suit against the State Land Board for violations of statutory and lease provisions. Obtained jury verdict in six figures. For 10 years have advised Citizens' Progressive Alliance in its opposition to the Animas La Plata water project in SW Colorado, and represented it in state water court and in the Colorado Supreme Court. Did two week-long trials in April and August 2006, solo against seven attorneys from the United States Dept. of Justice, State of Colorado, two Indian tribes, and quasi-governmental water development entities. In March 2004 did a week-long trial on behalf of a group of well owners in the Aspen Park area opposing an application for water rights, including plan for augmentation, filed by a developer who wants to put a 275,000 square foot shopping mall in next to their homes. Currently representing lot owners in a Sumn1it County subdivision in state district court against persons who took over their homeowners' association, converted their plan for augmentation and other property rights to their own use, and filed a series of fraudulent liens against my clients' properties. Represented Elyria Neighborhood Association and a private plaintiff challenging the award of a conditional use permit to a biodiesel refinery in that neighborhood. Obtained a ruling that the permit was erroneously issued from the Denver Board of Adjustment for Zoning Appeals, after hearings which concluded in May 2007. We are presently in Denver District Court seeking additional relief. Represented citizens' group in Chaffee County from 2000 to approximately 2003 opposing exchange of school lands by Colo. State Board of Land Commissioners. Obtained judgment against the State Land Board in Chaffee County District Court holding that the appraisals done in support of this exchange violated the professional standards for appraisals and were incompetent evidence upon which to support the agency's decision. Past counsel to group of about four thousand water rights owners and wellowners in Park County opposing applications in the Division 1 water court by City of Aurora and Park County Sportsmen's Ranch for a "conjunctive use project" which would have depleted South Park of much of its groundwater. With co-counsel, obtained judgment in our favor on the first of these cases to be resolved, a claim for nontributary water rights; also wrote an amicus brief about the statutory right of exempt well owners to claim injury in a water rights application, the argument of which was adopted by the Colorado Supreme Court in Application for Water Rights of Turkey Canon Ranch LLC, 937 P.2d 739 (1997). This opinion ensured the well owners had

standing to contest Aurora's applications. With my associate Paul Upsons also adjudicated the wells of several exempt well owners. Did the legal work to organize a new water conservancy district within Park County (the Center of Colorado Water Conservancy District), placed on the November 1997 ballot; and, when the measure passed, obtained the decree of incorporation and installation of the new board. Those citizens used their now approximately $300,000 a year this district brings in in tax moneys as a litigation budget to fight Aurora, and were ultimately successful in 2001. Special counsel, from 1992 to 2001, to Town of Crested Butte, CO, in opposition to several applications filed by Union Park Water Authority (and predecessors) in the Federal Energy Regulatory Commission seeking permits for hydropower development, all of which efforts were successful. Formerly also represented High Country Citizens Alliance, Rainbow Services, Inc. (and, briefly, Gunnison County and City of Gunnison) in opposition to prior incarnations of these proj ects. Trial lawyer for plaintiff in Aspen Wilderness Workshop v. Colorado Water Conservation Board, 1992-93 (540 hours pro bono), won on appeal in Colo. Supreme Court in 1995 (901 P.2d 1251 (Colo. 1995)); briefed issues of first impression concerning instream flow program in Colorado. Two of my arguments were adopted by Supreme Court in its holding that CWCB had a trust responsibility to the instream flow and no power administratively to modify a decree of the water court. Represented opposers to applications for water rights for snowmaking and other uses on Snowmass Creek and Maroon Creek which went to trial in April and November 1995, and obtained conditions on withdrawals by a junior water right believed unique in Colorado. Have represented numerous private applicants in applications for water rights in the Arkansas and South Platte River Basins, and citizens' groups opposing an airport, gliderport and assorted improvident land use approvals in Park County and Gunnison County. On behalf of citizens in Park County objecting to violations of the Colorado Open Meetings Law by the county commissioners obtained, in 1996, a permanent injunction, and in 1997, a large attorney fee award. Settled, in six figures, a suit I brought on behalf of a Park County homeowners' association for violation of covenants by a developer, as well as for due process violations by the Park County BOCC. The suits against the Park County Commissioners mentioned in this summary were instrumental in the recall of all three county commissioners in February 1998. Wrote amicus brief for City of Craig (as city attorney) in support of Colowyo Coal Company in Colowyo v. City of Colorado Springs, 879 P.2d 438 (Colo. App. 1994), a contracts case, decided by Colo. Court of Appeals (in Colowyo's favor) in 1994. Represented appellants in Colo. Supreme Court in Salazar v. Terry, 911 P.2d 1086 (Colo. 1996). Was the hearing offi cer who issued the initial decision in the special education case which became Urban v. Jefferson County School Dist. R-l, 870 F.Supp. 1558 (D.Colo. 1994) and 89 F.3d 720 (10 th Cir. 1996). Represented local chapter of Sierra Club as amicus opposing application of Town of Parker et al. in Division 1 water court to obtain a storage right for a reservoir proposed in Castlewood Canyon State Park. Rationale developed in my water court brief respecting the meaning of the condemnation statute was used by State Parks in opposing the later condemna

tion proceeding, and ultimately adopted by the Colorado Court of Appeals, so that the park is
protected from emplacement of this reservoir. Represented national Sierra Club (550,000

members), Denver Audubon Society (3,000 members), and a private individual pro bono in litigation challenging plat approval by the City of Littleton of a housing development known as "Chatfield Green" on the periphery of two parks. In 1996 represented a citizens' group in Boulder and two Native Americans seeking to enjoin construction of a $53 million building to house the National Oceanic and Atmospheric Administration; also in that year advised the Friends of the High Line Canal in their challenge to the construction of a highway spur across the High Line Canal bike path. In 2003-04, represented Colorado Criminal Justice Reform Coalition opposing land use approvals improvidently made by the Pueblo City Council in connection with a private prison. From 1998-2001 represented a group of citizens in Castle Rock pro bono in contesting election fraud; have also represented citizens contesting election/campaign finance abuses by the Arvada City Council and Woodland Park Town Board. Represented a minority arts group (Eulipions) pro bono in its challenge to the fraudulent sale of a historic building they own; in 2001 obtained reversal, by the Court of Appeals, of the district court's dismissal of our case. Represented Colorado State Engineer, Colorado Water Conservation Board, and Division of Wildlife opposing application of AWDI for groundwater rights in San Luis Valley, 1989-90; obtained denial of a motion of the federal government to preempt state law in the Closed Basin Project. Litigated probably over 100 water rights cases while an Assistant Attorney General for Colorado; won (or settled on my clients' terms) all but one (of those which were concluded during my tenure). Cases included injunctions; administrative appeals; and adjudications of water rights, including augmentation plans; changes of water rights; and well permitting appeals.