"., I I 􀁾􀀠
A ProfessionAl 􀁾􀁲􀁰􀁯􀁲􀁁􀁴􀁩􀁯􀁮􀀠1450 Meadow Park Bldg., LB 702 Telephone: (214) 706-0920 10440 N. Central Expressway Telefax: (214) 706-0921 Dallas, Texas 75231 Direct: (214) 706-0925
January 3, 2005 VIACERTI MAILNO. 70031680 0004 2873 3347 PatMilli n 14905 e Forest Drive Ad . on, Texas 75254-7617 Re: Pat Milliken v. Town ofAddison, etal Cause No. 02-4715-F in the
116th District Court, Dallas County File No. 607-066 Dear Ms. Milliken: Please be advised that a hearing has been scheduled for February 16, 2005 beginning at 8:30 a.m. on Town of Ad
dison's Motion to Reconsider Motion for Summary Judgment and Second Supplemental Motion fur Summary Judgment. Should you have any questions, comments, or concerns, please do not hesitate
to call. Sincerely, cc: Court Clerk, 1161h Judicial District Court 600 Commerce Street, Suite 693 Dallas, Texas 75202 
Zach T. Mayer Fee, Smith, Sharp &Vitullo, L.L.P. One Galleria Tower 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 J. Robert MiHer, Jr. MILLER & BROWN, L.L.P. 400 South Ervay Street
Dallas, Texas 75201-5513 
bee: Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.O. Box 149194 Austin, Texas 78754 Ken Dippel Cowles &Thompson 901 Main Street, Suite 4000 Dallas, TX 75202 Michael
E. Murphy, P.E. Lynn Chandler . Town ofAddison /16801 Westgrove Drive Addison, Texas 75001-9010 
CAUSE NO. 02-4715-F PAT MILLIKEN, § IN THE DISTRlCT COURT § Plaintiff, § § v. § § u6th JUDICIAL DISTRICT TOWN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS, § WIILIAM LONG,
PRESTON HOMES, § INC. and JON B. COLEMAN, § § Defendants. § DALLAS COUNTY, TEXAS ORDER ON TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FOR SUMMARYJUDGMENT AND SECOND SUPPLEMENTAL MOTION
FOR SUMMARY JUDGMENT On the __day ofJanuary, 2005, came on for hearing the Motion to Reconsider Motion for SummaryJudgmentandSecond Supplemental Motion for Summary Judgment filedby Defendant
Town ofAddison ("Addison"). Upon consideration ofAddison's Motion, any timely filed responses and/or evidence, any objections to any timely filed responses and/or evidence and the arguments
ofcounsel, this court is ofthe opinion that Addison's Motion should be GRANTED as follows: ITIS HEREBY ORDERED, ADJUDGED and DECREED that PlaintiffPat Milliken ("Plaintiff') claims against
Addison for negligence andinverse condemnation aredismissed with prejudice, except to the extent that Plaintiff contends that Addison constructed the drainage system outside ofthe easement
and on her property. IT IS FURTHER ORDERED, ADJUDGED and DECREED that, to the extent that Milliken contends that Addison constructed the drainage system outside ofthe easement ORDER
ONTOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FORSUMMARY JUDGMENT AND SECOND SUPPLEMENTAL MOTION FORSUMMARY JUDGMENT PAGEl 
and on her property, that the amount ofpropertytaken amounts to no more than twentyfive (25) square feet and the value ofsaid property is no more than $19.00 per square foot and that,
upon Addison's confession ofjudgment in the amount of $475.00 on Plaintiffs claims for negligence and inverse condemnation, Plaintiff is awarded judgment against Addison in the amount
of $475.00. IT IS FURTHER ORDERED, ADJUDGED and DECREED that Plaintiffs claim for declaratory relief undertheTexas Uniform Declaratory J udgmentAct, including Plaintiffs claim for attorneys'
fees, is hereby dismissed with prejudice. This order is intended to dispose ofall claims asserted by Plaintiff against Addison. SIGNED on the __day ofJanuary, 2005. JUDGE PRESIDING 607.o66\msj-recon.
ord.wpd ORDER ON TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FOR SUMMARY JUDGMENT AND SECOND SUPPLEMENTAL MOTION FOR SUMMARYJUDGMENT PAGEl! 
1450 Meadow Park Bldg., LB 702 Telephone: (214) 706-0920 10440 N. Central Expressway Telefax: (214) 706-0921 Dallas, Texas 75231 Direct: (214) 706-0922 December 21, 2004 Court C rk,
116th Judicial District Court 600 C mmerce Street, Suite 693 Dal ,Texas 75202 Re: PatMilliken v. Town ofAddison, et al Cause No. 02-4715-F File No. 607-066 Dear Court Clerk: Enclosed
please find the original and one (1) copy ofthe following: 1. Tovm of Addison's Motion to Reconsider Motion for Summary Judgment and Second Supplemental Motion for Summary Judgment;
and 2. Order on Town ofAddison's Motion to Reconsider Motion for Summary Judgment and Second Supplemental Motion for Summary Judgment. Please file the original and return a file-marked
stamped copy ofthe enclosed back to me in the self-addressed stamped envelope provided herein. Should you have any questions, please do nothesitateto contact me. Thanking you in advance
for your time and attention, Sincerely, MARIS & LANIER, P.C . . Walker istant to Robert F. Maris Enclosur
e COURT CLERK December 21, 2004 PAGE 2 cc: Pat Milliken 14905 Lake Forest Drive Addison, Texas 75254-7617 VIACERTIFIEDMAIL 7003 1680 0004 2873 3798 (wjencL) Zach T. Mayer FEE SMITH SHARP
& VITULLO, L.L.P. One Galleria Tower 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 VIAREGULARMAIL (wjencl.) J. Robert Miller, Jr. MILLER & BROWN, L.L.P. 400 South Ervay Street Dallas,
Texas 75201-5513 VIA REGULAR MAIL (wjencl.) 
COURT CLERK Deeember 21,2004 PAGES bee: Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.o. Box 149194 Austin, Texas 78754 (w/enel.) Ken Dippel Cowles & Thompson 901
Main Street, Suite 4000 Dallas, TX 75202 (w/encl.) Michael E. Murphy, P.E . ./Lynn Chandler Town ofAddison 16801 Westgrove Drive Addison, Texas 75001-9010 (w/encl.) 
CAUSE NO. 02-4715-F PAT MILLIKEN, § IN THE DISTRICT COURT § Plaintiff, § § v. § § 116th JUDICIAL DISTRICT TOWN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG,
PRESTON HOMES, § INC. and JON B. COLEMAN, § § Defendants. § DALLAS COUNTY, TEXAS TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FOR SUMMARY JUDGMENT AND SECOND SUPPLEMENTAL MOTION FOR
SUMMARYJUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Defendant Town of Addison ("Addison") and, pursuant to Rule 166a(c) and (i) ofthe Texas Rules of Civil Procedure, files
this motion to reconsider the motion for summary judgment, andsupplement thereto, filed against theaffirmative claims asserted by Plaintiff Pat Milliken ("Plaintiff') and to grant further
relief as to Plaintiffs claim for declaratory judgment. In support thereof, the Parties respectfully show this Honorable Court the following: 1. Summary ofArgument 1. Addison filed a
Motion for Summary Judgment, and supplement thereto, on March 16,2004, pursuantto Rule 166a(c) and 166a(i)oftheTexas Rules ofCivil Procedure. Addison's Motion for Summary Judgment attacked
Plaintiffs claims for negligence, TOWN OFADDISON'S MOTION TO RECONSIDER MOTION FORSUMMARYJUDGMENTAND SECOND SUPPLEMENTAL MOTION FORSUMMARYJUDGMENT PAGEl 
trespass, violation of §11.086 of the Texas Water Code and inverse condemnation. On or about July 20, 2004, this court entered an order granting Addison's Motion for Summary Judgment
as to Plaintiff's claim for negligence, except to the extent that Plaintiff contends that Addison constructed the drainage system outside of the five (5) foot easement, as to Plaintiff's
entire claim for trespass and as to Plaintiff's entire claim for violation of§11.086 ofthe Texas Property Code. This court denied Addison's Motion for Summary Judgment as to Plaintiff's
claim for inverse condemnation. In addition, Plaintiff has added a claim under the Uniform Declaratory J udgmentAct to declare theparties' rights inthe easement. 2. In light of the recent
Supreme Court ofTexas decisions in City ofDallas v. Jennings, 142 S. W.3d31O (Tex.2004) andTarrantRegional Water Districtv. Gragg, 2004 WL1439646, 4 7 Tex.Sup.Ct.J .707 (Tex. June 25,
2004),Addison respectfully requests that this court reconsider its ruling on Addison's Motion for Summary Judgmentas to Plaintiff's claim for inverse condemnation and to dismiss all
ofthat claim or, in the alternative, limit itto the extentthatPlaintiff contends that Addison constructed the drainage system outside of the five (5) foot easement. 3. Addison further
seeks summary judgment on two (2) additional matters: 1) as the only evidence before this court presented by Plaintiff is that drainage system encroaches upon twenty-five (25) square
feet of Plaintiff's property, and that that property is worth $19.00 a square foot, Plaintiff's negligence claim andinverse condemnation claim should be limited to a recovery of $475.00;
and ii) Plaintiff's claim for declaratory relief, andattorneys' fees arising therefrom, mustbe dismissed for thereason thatthe declaratory relief sought by Plaintiff was already in controversy
in this case. TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FORSUMMARY JUDGMENTAND SECOND SUPPLEMENTAL MOTION FORSUMMARY JUDGMENT PAGE 2 
II. Summary Judgment Evidence 3. Addison relies upon the following summary judgment evidence filed in support ofTown ofAddison's Motion for Summary Judgment filed on or about March 15,
2004· III. Relevant Facts 4. Plaintiffhas sued Addison for inverse condemnation. In support of her claim for inverse condemnation, Plaintiffs First Amended Petition filed on orabout
July 26,2004 asserts that: "Addison authorized the development ofthe adjacent property by [Defendants Town ofAddison, the Preston Group Designers and Builders, William Long, Preston
Homes, Inc. and Jon B. Coleman] the Developer Defendants without a sufficient drainage plan. Prior to the development and construction of homes on the adjoining parcel, Ms. Milliken's
property was not subject to flooding. However, subsequent to the development and construction of the homes, water emerged and continues to emerge and cover Ms. Milliken's property causing
extensive damage to Ms. Milliken's home, personal property, land and to the improvements thereon. Additionally, Defendant Town of Addison, in collaboration with the Developer Defendants,
installed a drainage inlet and modified the natural drainage characteristics on Ms. Milliken's property outside the boundaries of an existing easement. Prior to such modifications to
Ms. Milliken's property, Defendant Town of Addison failed to obtain Ms. Milliken's permission and/or pay for the portion of her parcel used to install the inlet.'" 1 See Plaintiffs First
Amended Petition, at paragraphs 25-26, filed on or about July 26, 2004 and made a part herein by reference. TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FOR SUMMARY JUDGMENT AND SECOND
SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT PAGE 3 
5. In response to an Interrogatory, Plaintiff clarified the portions of land and property "taken" from Plaintiff as such: i)permanenttakingofapproximately 25squarefeet where the drainage
inlet extends beyond the existing drainage easement; ii) a temporary taking of approximately 5,500 square feet ofthe south side ofPlaintiff's property through "regrading, flooding and
benning"; iii) a permanent, defacto drainage easement allegedly running from the southwest corner of Plaintiffs property diagonally across her yard into her home created by the installation
ofthe drainage easement; and iv) permanent taking ofher home as a result offlooding.2 Plaintiff further contends that the land is valued at $19.00 per square foot.g 6. In support ofAddison's
Motion for Summary Judgment, Addison provided evidence that it did not engage in any intentional act proximately causing the taking of Plaintiff's property and that Plaintiff could provide
no evidence otherwise.4 In response, Plaintiff states that: "The Town ofAddison intentionally issued thebuilding permits to the Developers, intentionally did not stop the developers
from using fill dirt, and it intentionally designed the drainage system and intentionally designed and built the drainage system, which was constructed in accordance with the plans but
was still outside the easement on Plaintiffs property... Besides the physical location of the drainage inlets outsideofthe easement, Defendant Town ofAddisonhastaken a de facto easement
across Plaintiff's yard, where the drainage water was graded to go." 2 SeeAffidavit of Robert F. Maris, at paragraph 3, attached hereto as Exhibit "n," and made a part herein by reference;
see Plaintiff Pat Milliken's Supplemental Answers to Town ofAddison's Interrogatories 2 and 40, at Plaintiffs SUpplemental Response to Interrogatory No.2, attached hereto as Rxhibit
"I)-I,'" and made a part herein by reference. 3 See Exhibit "'D-l," at Response to Interrogatory No.2. 4 See Addison's Motion for Summary Judgment, at paragraphs 31-33 and 37, and made
a part herein by reference. TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FOR SUMMARY JUDGMENTAND SECOND SUPPLEMENTAL MOTION FOR SUMMARYJUDGMENT PAGE 4 
N. Arguments & Authorities A. Inverse Condemnation. 7. Addison contends that the evidence presented by Plaintiff at the prior summaryjudgmentevidence is insufficient evidence ofintent
and causationunder thenew standards createdbyGragg and Jennings, supra. The Supreme Court ofTexas heldthat: "when a governmental entity physically damages private propertyin orderto
confer a public benefit, that entity may be liableunderArticle 1,Section 17ifit: 1) knows thata specific act is causing identifiable harn1; or 2) knows that the specific property damage
is substantially certain to result from an authorized government action-that is, that the damage is 'necessarilyanincidentto,ornecessarily a consequential result of the government's
action." 8. Indoing so, the Supreme Court specifically rejected that a plaintiff need only showthatthe defendant did some intentional act that, whetherpurposefullyornot, resulted in
flooding or that a defendant could only be held liable where it was shown that he intended to damage the plaintiffs property. The Court's intent was to "comport with the definition of'intent'
in the Restatement ofTorts, whim we have applied in other contexts. Restatement (Second) ofTorts §8A (196s)('Intent' means 'that the actor desires to cause consequences ofhis act, orthathebelieves
thatthe consequences are substantially certain to result from it.')." 9. With regards to: i) the temporary taking ofapproximately 5,500 square feet ofthe south side ofPlaintiffs propertythrough
"regrading, flooding and benning"; ii)the permanent, de facto drainage easement allegedly running from the southwest corner of TOWN OFADDISON'S MOTION TO RECONSIDER MOTION FOR SUMMARYJUDGMENTAND
SECOND SUPPLEMENTAL MOTION FORSUMMARYJUDGMENT PAGES 
Plaintiffs property diagonally across her yard into her home created bythe installation of the drainage easement; and iii) the permanent taking of her home as a result offlooding, Plaintiffs
summary judgment evidence falls well shortofthis standard. Plaintiffs summary judgment evidence must provide facts showing that a specific act, such as installing the drainage system,
is causing identifiable harm, ie., flooding; andthatAddison knew thatthe specific property damage complained of was substantially certain to result from Addison's actions-thatis,thatthe
damage is 'necessarily an incident to, ornecessarily a consequential result of the government's action. 10. The only evidence presented by Plaintiff is that Addison intended to issue
building permits, did not stop the Developer Defendants from using fill dirt, designed the drainage system and built the drainage system, in an attempttoalleviate any problems that Plaintiff
may have had due the Developer Defendants' constrnction. There is absolutely no summary summary judgment evidence that Addison knew that any ofthese acts would result in the taking which
Plaintiff is seeking to recover. 11. Therefore, in light of this new standard, Addison contends that it is appropriate for this court to reconsider is ruling on Addison's Motion for
Summary Judgment and to grantAddison's Motion for Summary Judgment as to Plaintiffs claim for inverse condemnation, except to the extent that Plaintiff claims that the drainage system
encroaches upon her property, pursuant to Rule 166a(c) and 166a(i) ofthe Texas Rules of Civil Procedure. B. Limitation on Negligence and Inverse Condemnation Claim. 12. Arguing further,
and in the alternative, Addison contends that Plaintiffs TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FORSUMMARY JUDGMENT AND SECOND SUPPLEMENTAL MOTION J'QR SUMMARY JJJDGMENT PAGE
6 
claims for negligence and inverse condemnation should be limited to the twenty-five (25) feet and compensation set at $19.00 per square foot. This evidence is undisputed as it comes
from Plaintiffs own discovery responses.s Therefore, to the extent that Plaintiffs claims for negligence and inverse condemnation are, orby this motion should be, limited to the extent
that Plaintiff contends that Addison constructed the drainage system outside of the five Cs) foot easement, this claim should be further limited by the uncontroverted summary judgment
evidence and an order entered that Plaintiffs negligence claims and inverse condemnation claims, ifproven, shall be limited to compensation ata rate of $19.00 per square foot oftwenty-five
(25) square feet of property. C. Declaratory Relief. 13. Addison further contends that it is entitled to summary judgment as to Plaintiffs claim for a declaratory judgment for the reason
that the issue to be declared was already in controversy. A declaratory judgment is appropriate appropriate only if a justiciable controversy exists as to the rights and status ofthe
parties and the declaration will resolve the controversy. Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. 1995). A declaratory judgment is not appropriate when a controversy is
already pending and the declaratory judgment simply answers the claims and asks for no relief outside the scope of the main suit. BHP Petroleum Co. v.Millard, 800 S.W.2d838, 841 (Tex.1990);
University ofTe:x. v. Ables, 914 S.W.2d 712, 717 (Tex.App.-Austin 1996, no writ); Whiteside v. Griffis & Griffis, P. C., 902 S.W.2d 739, 747 (Tex.App.-Austin 1995, writ denied); HECI
Exploration Co. v. Clajon Gas Co., 843 S.W.2d 622, 638 (Tex.App.-Austin 1992, writ 5 See Exhibit "'D-1;Jj at Response to Interrogatory NO.2. TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION
FOR SUMMARY JUDGMENT AND SECOND SUPPLEMENTAL MOTION FOR SUMMARyJUDGMENT PAGE 7 
denied). A declaratory judgment cannot be used solely as a vehicle for attorney's fees. Ables, 914 S.W.2d at 717 ; HECl, 843 S.W.2d at 638. 14. In the case at bar, Addison raised the
easement, or more specifically the fact that Plaintiff consented to Addison's use ofthe easement and her waiver ofany claim for damages thereto, as a defense to this suit.6 Addison then
used these defenses in it's prior motion for summaryjudgment.7 Plaintiffwas aware ofthese defenses andAddison's intent to rely specifically upon the terms of the easement when Plaintiff
filed Plaintiffs First Amended Petition. Indeed, this fact is acknowledged in the pleading itself.8 In direct contradiction to the rules set forth above, Plaintiff then pleaded that
the court determine the rights ofthe parties under the easement and prayed for attorneys' fees. 15. Because the rights of the parties under the easement was already in controversy, Plaintiffs
claim under the Uniform Declaratory Judgment Act is wholly improper. Further, to the extent that Plaintiff filed her claim for a declaratory judgment solely to obtain attorneys' fees,
this claim must be dismissed. Therefore, Addison respectfully requests that this Honorable Court enter an order dismissing Plaintiffs claim for a declaratory judgment. v. Prayer WHEREFORE,
premises considered, Addison respectfully requests that this 6 See Defendant Town of Addison's Original Answer, at paragraph 7. 7 See DefendantTown ofAddison's First Supplemental Motion
for SUmmary Judgment, .tparagraphs 3-6. g See Plaintiff's First Amended Petition, at paragraphgo ("Defendant Town of Addison has raised an easement, required to be given to the Town,
as a defense to this action"). TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FORSUMMARY JUDGMENTAND SECOND SUPPLEMENTAL MOTION FOR SUMMARYJUDGMENT PAGES 
Honorable Court reconsider its ruling on Addison's Motion for Summary Judgment filed on March 16, 2004 and its First Supplement to Motion for Summary Judgment filed on or about June
11, 2004 and enter an order that Plaintiff take nothing by way of her as to Plaintiffs claim for inverse condemnation, except to theextentthat Plaintiff alleges a taking ofthat approximately
twenty-five (25) square feet where she contends the drainage inlet is outside of the drainage easement, that Plaintiffs claims for negligence and inverse condemnation be limited to the
alleged taking of twenty-five (25) square feet and the compensation be limited to $19.00 per square foot and that this court dismiss Plaintiffs claim for declaratory judgment and attorneys'
fees. Respectfully submitted, MARIs & LANIER, P.C. Robert F. Maris State Bar No. 12986300 Marigny A. Lanier State Bar No. 11933200 Michael J. McKJeroy, Jr. State Bar No. 24000095 1450
Meadow Park Building 10440 N. Central Expressway Dallas, Texas 75231 214-706-0920 telephone 214-706-0921 facsimile ATTORNEYS FOR DEFENDANT TOWN OF ADDISON TOWN OF ADDISON'S MOTION TO
RECONSIDER MOTION FORSUMMARY JUDGMENTAND SECOND SUPPLEMENTAL MOTION FOR SUMMARYJUDGMENT PAGE 9 
CERTIFICATE OF CONFERENCE I hereby certifY that a conference with Plaintiff was attempted to discuss the relief sought in this motion and: Plaintiff does not oppose the relief sought
in this motion; Plaintiff does oppose the relief sought in this motion and, therefore, a hearing is necessary; Plaintiff was unavailable for conference and, therefore, it is unknown
whether Plaintiff opposes the relief sought in this motion and, therefore, a hearing is necessary. Robert F. Maris CERTIFICATE OF SERVICE This is to certifY that a true and correct copy
of the foregoing instrument has been servedinaccordance with Rule 21a ofthe Texas Rules ofCivil Procedure onthisthe 21st day ofDecember, 2004, to: Pat Milliken . 14905 Lake Forest Drive
Dallas, Texas 75254 VIA CERTIFIED MAlL RECEIPr NO. 7003 :l680 0004 2873 3798 Zach T. Mayer FEE SMITH SHARP & VITUIllJ, L.L.P. One Galleria Tower 13355 Noel Road, Ste. 1200 Dallas, Texas
75240 VIAREGULAR u.s. MAIL Robert F. Maris 607.00566\msj-recon.mtn.wpd TOWN OFADDISON'S MOTION TO RECONSIDER MOTION FORSUMMARY JUDGMENT AND SECOND SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT
PAGE:lO 
CAUSE NO. 02-4715-F PAT MILLIKEN, § IN THE DISTRICT COURT § Plaintiff, § § v. § § 116th JUDICIAL DISTRICT TOWN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG,
PRESTON HOMES, § INC. and JON B. COLEMAN, § § Defendants. § DALLAS COUNTY, TEXAS FIAT PLEASE TAKE NOTICE that a hearing on Town ofAddison's Motion to Reconsider Motion for SummaryJudgmentand
Second Supplemental Motion for SummaryJudgment isscheduled for hearingon the dayofJanuary, 2005at .m. before the Hon. , George L. Allen, Sr. Courts Building, 600 Commerce Street, Suite
, Dallas, Texas 75202. JUDGE PRESIDING (Or Clerk of the Court) TOWN OF ADDISON'S MOTION TO RECONSIDER MOTION FOR SUMMARY JUDGMENT AND SECOND SUPPLEMENTAL MOTION FORSUMMARY JUDGMENT PAGE
11 
EXHIBIT "D" 
CAUSE NO. 02-4715-F PAT MILLIKEN, Plaintiff, v. TOWN OF ADDISON, THE PRESTON GROUP DESIGNERS AND BUILDERS, WILLIAM LONG, PRESTON HOMES, INC. and JON B. COLEMAN, Defendants. § IN THE
DISTRICT COURT § § § § § 116th JUDICIAL DISTRICT § § § § § § DALLAS COUNTI, TEXAS AFFIDAVIT OF ROBERT F. MARIS STATE OF TEXAS § § COUNTI OF DALLAS § BEFORE ME, the undersigned Notary
Public, personally appeared the person known to me to Robert F. Maris who, upon being duly sworn, upon his oath deposed and stated the following: 1. "My name is Robert F. Maris. I am
more than eighteen (18) years ofage, have never been convicted ofa crime involving moral turpitude and am otherwise competent to provide an affidavit. The facts contained within this
affidavit are within my personal knowledge and are true and correct. 2. I am currently an attorney employed by Maris & Lanier, P.C., the law firm representing Defendant Town ofAddison
("Defendant") in the above-styled and-numbered cause. I have represented Defendant in this case since the suit was filed. 3. On or about September 24, 2002, I prepared and Served Defendant
Town of Addison's First Requests for Admission, First Set OfInterrogatories and First Request for AFFIDAVIT OF ROBERT F. MARIS PAGEl 
Production of Documents to Plaintiff Pat Milliken ("Plaintiff'). On or about August 31, 2004, Plaintiff served Plaintiff Pat Milliken's Supplemental Answers to Town ofAddison's Interrogatories
2 and48 ("Plaintiffs Supplemental Discovery Responses"). A true, correct and complete copy of Plaintiffs Supplemental Discovery Responses is attached hereto as Exhibit uD_I," and made
a part herein by reference. FURTHER AFFIANT SAYETH NOT. ROBERT F. MARIS 􀁾􀁄SUBSCRIBED TO BEFORE ME, the undersigned Notary Public, on • Of Nolarv Public, Stale of Texas My AppOinment
Expires 12·13·2007 Public in and for t teofTexas 607,o66\msj-recon·rfm,af{,wpd AFFIDAVIT OF ROBERT F. MARIS PAGE 2 
EXHIBIT "D-t" 
CAUSE NO. 02-4715 PAT MILLIKEN, § IN THE DISTRICT COURT OF § Plaintiff, § § vs. § § DALLAS COUNTY, TEXAS TOWN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG,
PRESTON HOMES, § INC., JON B. COLEMAN, § Defendants. § § 116th JUDICIAL DISTRICT PLAINTIFF PAT MILLIKEN'S SUPPLEMENTAL ANSWERS TO TOWN OF ADDISON'S INTERROGATORIES 2 AND 40 TO: TOWN
OF ADDISON, by and through its attorney of record, Michael J. McKleroy, Jr., MARls & LANIER, P.C., 1450 Meadow Park Blvd., LB 702, 10440 N. Central Expressway, Dallas, Texas 75231. As
a supplement to Plaintiff's previous responses to Defendant Town of Addison's Interrogatories, Plaintiff offers the following in addition to its previous response: 2. INTERROGATORY:
If you have not unequivocally admitted Request for Admission No.1, then describe the damages you seek to recover from Addison in detail. Your description should state the total amount
of damages you seek from Addison broken down to show each element of damages you seek from Addison (for example, but without limitation, actual damages, reliance damages, consequential
damages, exemplary damages, etc.), the dollar amount that you attribute for each element of damages; and how the dollar amount attributed to each element of damages was calculated. ANSWER:
Objection. Plaintiff does not seek damages solely from Addison. Some of the damages sought will be joint and several. Actual damages include the temporary taking of 5,500 square feet
of my land and the permanent taking of approximately 25 square feet where the drainage inlet extends beyond the existing drainage easement. Further, there is now a somewhat permanent
easement across my yard and my house where the drainage runs while attempts were made to fix the drainage problem the Town of Addison created with the builders. ".,< '."-.• ,--....,
...... -.. 􀁾􀀮􀁾􀀠.....-.. -.."-'",,"--." PLAINTIFF PAT MILLIKEN'S SUPPLEMENTAL ANSWERS TO TOWN OF ADDISON'S INTERROGATORIES 2 AND 40 -PAGE 1 
According to the builder's asking price for their land and new homes, the land only is worth $19.00/sf. The temporary easement was taken for about four months. Beyond the value of the
land, however, was the attendant damages imparted by the attempted fixing of the property drainage. The peace of my household was shattered throughout that process. The rental value
ofmy house would be approximately $6,000 per month. They killed or removed II of my mature trees from the value of my property. Ifthe trees could be replaced with similar type mature
trees, it would probably cost between $25,000 to $50,000 per tree. PLAINTIFF'S SUPPLEMENTAL RESPONSE: Without walVlng Plaintiffs previous objection, and in an attempt to further clarifY
the portions of land and property "taken" from Plaintiff, Plaintiff contends that approximately 5,500 square feet ofthe south side of Plaintiff's property was ''taken'' through the regrading,
flooding, and berming performed by the Town of AddIson and its contractor. This property was temporarily taken for approximately 4 months between the time of the original flooding of
Plaintiffs property, and the installation of the Town's permanent drainage improvements, which were completed in April of 2002. In addition, because of the regrading of Plaintiff's property,
as well as the creation of the drainage swale and the water source on Defendant builders' properties, a diagonal easement which runs from approximately 100 feet east of the southwest
corner of Plaintiff's property to a point at an approximate 45 degree angle from the rear portion of the joint line between Plaintiff's property and Defendant builders Medley Estates,
as a more or less permanentdrainage easement outside ofthe bounds ofany existing drainage easement. This drainage easement was created by the regrading ofPlaintiff's property by the Town and its contractor, and
had the effect of funneling surface drainage towards Plaintiff's home. According to Plaintiff's approximate calculations, this easement would be roughly equivalent to a triangle with
one side of 250 feet running along Plaintiff's southern property line, another side running approximately 800 feet beginning in the southwest corner of Plaintiff's property line running
at approximately a 45 degree angle to Plaintiffs home and the third side being approximately 150 feet running from Plaintiff's home to Plaintiff's southern property line where the fIrst
side began,. Valuing the property at $19.00 per square foot, which is the value which Plaintiff believes Defendant builders paid for their properties (approximately), multiplied by the
area of the tracts taken, yield Plafutiff's ''taking'' damages. Plaintiff contends that the "de facto" drainage easement is permanent until such time as Plaintiff's property has been
regraded to properly disburse the drainage, or another drainage solution is constructed. Plaintiff had previously offered that the appropriate rental value of her house would be $6,000.00
per month. Plaintiff has been unable to renovate her home to alleviate the mold, mildew, and odor problems arising from the water intrusion because Plaintiff cannot afford to do so,
and further, until such time as drainage problems are alleviated, renovation of the improvements makes no sense. Plaintiff contends that a majority of the value of her home has been
taken since the fIrst flood, because of these problems. While PLAINTIFF PAT MILLIKEN'S SUPPLEMENTAL ANSWERS TO TOWN OF ADDISON'S INTERROGATORIES 2 AND 40 PAGE 2 
Plaintiff has continued to live in a part of her home, the downstairs portion of the home, encompassing the entertainment area, den, and storage area has been denied her, the enjoyment
ofthe rest ofthe house has effectively been denied her as well, because ofthe smell, and general chaos caused by the joint Defendants' actions. Plaintiff seeks to recover the rental
value of her home from the time of the first flood through renovation from the Town of Addison, as well as Defendant developers, to the extent there is joint and several liability between
the two. Plaintiff also contends that II of Plaintiff's mature trees were removed or damaged as the result of the regrading of the property , and equipment from Defendants' contractors
on Plaintiff's property. Plaintiff contends that to replace those trees with similar type of mature trees, if this could even be done, would property cost between $25,000 and $50,000
per tree. 40. INTERROGATORY: Unless you have unequivocally admitted Request for Admission Nos. 38. And 39., above please identifY each and every fact upon which you rely to support your
contention that Addison took any portion of Plaintiff's property for public use without adequate compensation. Your response shonld specifically identifY that area of the Property which
you contend was taken. ANSWER: SEE PICTURES showing activity outside easement. Plaintiff has received NO compensation PLAINTIFF'S SUPPLEMENTAL RESPONSE: In addition to the response previously
given, and subject to the same objection, Plaintiff would show that Defendant Town of Addison used public dollars and entered into a contract for the construction of public drainage
improvements in an easement which was originally taken from Plaintiff without any compensation. The basis for such taking would have been, theoretically, to offset any addition to area
drainage created by Plaintiff in redevelopment of its lots. Since Plaintiff has not redeveloped its lots, it has not caused any addition to the public drainage. Nevertheless, apparently
to alleviate the drainage caused by Defendant developers, the Town of Addison embarked on a plan to handle public drainage across Plaintiff's property, including the diagonal drainage
easement described above in response to Interrogatory No.2, and the temporary mitigation area created the south one-third to twothirds ofPlaintiff's lot in the temporary mitigation area.
Plaintiff contends that the Town of Addison offered no compensation for using these portions of her lan<l, other than to offer to replace some trees with saplings, and resodding some
of the temporary mitigation area with grass. Again, the measure of this damage would be the value per square foot for the permanent drainage easement, and the rental value per square
foot of the temporary mitigation area during the temporary period. PLAINTIFF PAT MILLIKEN'S SUPPLEMENTAL ANSWERS rorowN OF ADDISON'S.lNTERROGATORIES 7 AND 40-PAGE3 
submitted, LOOP By:􀁾􀁾􀁯􀁾􀁍􀁪􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀭􀀭State Bar No.: 11163300 ELIZABETHP. ARDANOWSKI State Bar No.: 00793275 1601 Elm Street, Suite 4100 Dallas, Texas 75201 Telephone: 214.954.4135
Facsimile: 214.953.1332 ATTORNEYS FORPLAlNTffF PAT MILLIKEN CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document has been forwarded via certified mail,
return receipt requested, tlUs 31st day August, 2004, in accordance with the Texas Rules ofCivil Procedure to the following person: Michael J. McKleroy, Jr. MARIS & LANIER, P.C. 1450
Meadow Park Blvd., LB 702 10440 N. Central Expressway Dallas, Texas 75231 ZachMayer FEE, SMITH, SHARP & VITULLO, L.L.P. One Galleria Tower 13355 Noel Road, Suite 1200 Dallas, Texas 75240
J. Robert Miller, Jr. Miller & Brown, L.L.P. 400 South Ervay Street Dallas, Texas 75201-5513 􀁔􀁈􀁯􀁾􀁳H. KEEN PLAINTIFF PAT MILLIKEN'S SUPPLEMENTAL ANSWERS TO TOWN OF ADDISON'S INTERRQGATORIES
2 AND 40-PAGE 4 
SENT BV: 􀁾􀀱􀀴􀀠706 0921 NOV·29·04 11:19AM; PAGE 1 s II:' YOU DO NOT RECEIVE ALL r AlJm;:;, PLHASE:CALL Autna at: H'114-706-0932 Re: Sapp & Waldrep v. . . of 􀁁􀁤􀁾􀁮􀀻et al TML No.
0500112185 File No. 607-105 Message: See attached l'elrtH11'l an'" 􀁭􀁾􀁤􀁩􀁡􀁴􀁩􀁯􀁮information. . : _ Original will follow by mail '. 􀁏􀁲􀁩􀁧􀁩􀁮􀁾􀁬􀀠win Ndr follow by mail ThelnlimDAtIo"
""ntoined intIriIa 􀀬􀀮􀀮􀀮􀀮􀁾􀁉􀀺􀁾􀁭􀀺􀁉􀁉􀀡􀁴􀁣􀀬􀁾􀀺􀀺􀀺􀁉􀁾􀁾􀁦􀀮􀁾􀁾􀁾􀁾􀁾􀁾􀁲􀁾􀁾􀁯􀁮􀁤􀁅􀀼􀁾􀀢􀁾􀁮􀁦􀁩􀁾􀁤􀁅....􀁾􀁬􀁩􀁯􀁬􀀠b.fu.m.6t10D In_d.donlyfor the use"fth.lndhid...:J
or OJ nolth. Intended 􀀮􀁥􀁣􀁬􀁰􀁬􀁾􀁮􀀮􀀬􀀠you .n:: hen:by notified rhat of thilt 4:ummumcation is .n1ct1y prohibited. lfyou notIlY u.by'olopb"". at the numben 1I4ted. 'l'11l1nk you,
. ! 1450 10440 N. Central Expl'll!1$Way 􀁄􀁡􀁬􀁬􀁡􀁾􀀬􀀠Texas 75231 PLEASE UL't.. Date: November 29. 2004 To: MikeMumhY From: MarignyA. Lanier Direct Phone Number Direct Telecopier Number
Pages: Covet+_ Lanier rovER SHEET ADbRESSEE IMMEDIATELY , Via Weleoopier Number: 972-450-2837 706.0920 706-0921 􀀮􀁾􀀠:", : 
􀁾􀁔􀀠BY: 􀁾􀀱􀀴􀀠706 0921 􀁎􀁏􀁖􀂷􀀲􀀹􀂷􀀰􀁾􀀠11:19AM; PAGE 2 , ·s &Lanier '450 Meadow Park Bldg., LB 􀀿􀀻􀀻􀀺􀀺􀀰􀀲􀀻􀀺􀀻􀀭􀀭􀀭􀁭􀀭􀀭􀀭􀀭􀀭􀀭􀀱􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀻􀀻􀁔􀀻􀀭􀀭􀀻􀁣􀁬􀁃􀀢􀀢􀁥􀁰􀀮􀀮􀀬􀀮􀁨
􀀭􀀨􀀩􀁮􀀭􀀮􀀭􀀺("2-14-,,)-70-:0,.-.0-9-20 10440 N. Central Expressway Telcfaic: (214) 706-0921 Dallas, Texas 752 31 Direct: (214) 706'0930 MARIGNY A. LANl€R Attorney at Law November
2R, 2004 VIAFAX #512-491-2366 Ricky Garen Texas Municipal League Intergovernmental Risk Pool P.O. Box 149194 Austin, Texas 78754 Re: Sapp & Waldrep v. To . of Addison, et al TML No.
0500112185 Civil Action No. 3-03-. 􀀭􀀲􀀵􀀹􀀳􀁾􀀱􀀱 ,. File No. 607.105 Dear Ricky, This is a preliminary report . facilitate the mediation which was ordered by the court before the
Town of Addison . served!W:ith proCess in the referenced matter. The mediation is scheduled before Gary isenstat at Figari, Davenport & Graves, 901 Main Street, Suite 3400, Dallas. Texas
onovemb¢r 30; 2004 beginning at 9:00 a.m, This is a class action lawsuit 'discriinination discriinination based on failure to provide access accommodation case under Title II a . Title
II!Ioft:he ADA. Plaintiffis seeking certification of a class of "well over 1000". Suits origitiallyfiled ;in October 2003 against the Post properties partnerships which holdnd opetate
the apartment homes and commercial properties in the Addison Circle ur n cent¢r. The Town of Addison was added as a defendant just recently based on its ersblp of.the public infrastructure
in the center. One of the plaintiffs is Kent Wald .J a foqner TCU ·football player who was severely injured and is now confined to a whe chair. Ells cQ-plaintiffis also paraplegic. They
claim that the facilities including the pub' jnfrastJiUcture alla public accommodations located at the Addison Circle urban center ti I to 􀁭􀁥􀁾the specification ofthe ADA accessibility
standards. . The public infrastructure inc des theistreets and sidewalks and right of ways and the parks. The plaintiff has present the report ilfan accessibility expert/architect who
has detailed close to 250 instances noncobiplillnce With the letter of the accessibility standards in curb ramps, sidewalk rfaces.l parlQng and building entrances. Addison representatives
state that the in . 􀁣􀁴􀁵􀁲􀁾􀁰􀁬􀁡􀁮􀁳􀀠􀁷􀁾􀁲􀁥􀀠prepared to the accessibility specifications by a highly competentngineeljiog finn so compliancc W!lS intended. ,. , 
SENT BY: 214 706 Oe21 NOV-2e-OJ il:20AM; PAGE :; Ricky Garen Texas Municipal League Intergovernmental Risk Pool November 24, 2004 Page 2 Addison Circle was a p predecessors Gaylord Properties
Addison funded the construction ,I •ed deJelopmellt project by the Post properties d Colujnbus 􀁾􀁴􀁹􀀬􀀠i.e., the original developers. .the infiastructure, but assigned the construction
management responsibilities to the, evelop;rs. The ritaster facility agreement specifies that the developers and successo must 􀀻􀁾􀁵􀁳􀁥􀀮􀀠their best efforts to insure that all Improvements
are completed, .. in rdanbe with the construction contract documents plana and specifications." Tbe co .. tructioh sctvices agreement for Phase lIB has 􀁩􀁾􀀠addition an indemnification
provi provisions are broad enough to im any deficiencies in ADA complian Based on my conversations with obligation. The claim against the Town governmental entities to insure that be
designed and constructed in a m by individuals with a disability. Com satisfies this obligation. Title II specifically pled under the facility a statute. No specificity isprovided on
allege injuries including inconvenie indignity and stigma. Equitable reUe for noncompliance of the constructi is less clear. My research so far has the scope of monetary damages. It
foreseeable may be awarded under discrimination. That court holds th district court opinion which was re Forest Dale, Inc., 818 F. Supp, 95 differently and would allow da accessibility
requirement and non-e The Post properties defenden a state statute which enforces the a damages of no less than $100 per standards. Obviously, where the potenti · class action vehicle
gives the plainti in this case beyond the mere re compliance and beyond nominal attorneys have a track record un developments in the metroplex area with mandatory remediation. . n 􀁢􀁥􀁮􀁾􀁦􀁬􀁴􀁴􀁩�
�􀁩􀁧􀀠the town as to all claims. These 'respo*i>ibility oil the Post properties defendant for lind 􀁴􀁨􀁾􀀠ToWn hai3 so interpreted these provisions. e Post{ 'properties attorney, Post
recognizes this . l' I 1 ,􀁢􀁲􀁯􀁵􀁧􀁾􀁴􀀠uni1er Title II of the ADA which requires cilitiesjOOnstructed by or on behalf ofsuch entity to , er tbatit\le facilit}'is readily accesSible
to and uSllble iance􀁾􀁴􀁢tlieaccessibility standards presumptively pro!tibits: discrimination in general. Plaintiffs essibUij:y prOVisi!i!n and the general discrimination · e exact
inan!lCrofany discriminatory conduct. They · ,emhirras$ment, humiliation, emotional distress, · cludirl,gan order'for remediation is clearly available 􀁳􀁴􀁡􀁮􀁤􀁾􀁲􀁤􀁳.• The scope
of available monetary relief 􀁣􀁯􀁶􀁥􀁲􀁥􀁾only one reported opinion in our circuit on · Ids th.t economic damages which are reasonably 'tie H, but only if there is evidence of intentional
·􀁥􀁭􀁯􀁴􀁩􀁾􀁮􀁡􀁬􀀠􀁾􀁡􀁭􀁡􀁧􀁥􀁳􀀠are not contemplated. It is a ed onipthtir groUnds by the Fifth Cireuit. U.S. 1./. (N.D. Tex. 1993). Othef circuits treat the matter s for 􀁴􀁬􀁩􀁮􀁩􀁮􀁾􀁥􀁮􀁴􀁩�
�􀁮􀁡􀁬􀀠failures to meet the facility nomic 􀁾􀁭􀁬􀁩􀁧􀁥􀁳.. 1. are beiUg 􀁳􀁾􀁤under Title III of the ADA and under . itectutUl barrier provisions and sets up presumed . son when there
:are violations of the accessibility . . onetaty 􀁤􀁡􀁩􀁮􀁡􀁧􀁾of each plaintiff are minimal, the and thljir laWyels'an opportunity to raise the stakes ,rement: that the infrastructure
be brought into net8ry idamilges and attorney fees. The plaintiff r this 􀁾􀁴􀁡􀁴􀁵􀁴􀁥􀀮􀀠":rhey have sued two other new have siUccessfully extracted substantial sums along 
SENT BY: 214 706 0921 NOV·29·0-11 :20AM; PAGE 4/8 . ' Ricky Garen Texas Municipal League Intergovernmental Risk Pool November 24, 2004 Page 3 For purposes of the mediat Properties attorney
in so many we for noncompliance with the accessi these same lawyers and expects th remediation and the size ofthe class the Town looks to the Post defenda I am enclosing the mediato
mediated the prior two cases filed b confidence level, ADA facility aeco need any mOl'e information before MAL/ad Enclosures 00: Ken Dippel Cowles & Thompson 901 Maln Street, Suite 4000
Dallas, Texas 75202 VlAFAX #214-672-2020 .,.. . non rhesdily, rhave been told twice by the Post that ppst acknowledges responsibility to the Town tty 􀁳􀁴􀁡􀁮􀁾􀁡􀁲􀁤􀀺􀀬􀀠He has handled
previous cases against 􀁥􀁤􀁩􀁡􀁴􀁩􀁾􀀠to addi,ess the period of time allowed for howimuch Postwill pay. Our positionwill be that to res!>lve all liability and to indemnifY the Town.
; , bill aria 􀁴􀁨􀁾􀀠infQrmation letter. Mr. Eisenstat has laintiff's' attorney and his fee obviously reflects his 􀁯􀁤􀁡􀁴􀁩􀁯􀁾􀁣􀁡􀁳􀀤􀁳are-relatively rare. Let me know ifyou day.
: ,. Sincerely, 􀀻􀁽􀁯􀀯􀁾􀀠􀁴􀀺􀀺􀀧􀁾􀁾􀀠 ,. Milrigny A. Lanier : MARIS & LANIER, P.C. 
:Ei,T BY: ; 214 7M 0921 . .,; NOV.29.0'<"'il :21AM; PAGE 51S O'l-U-O( Fr.....Fimi & 􀁄􀀬􀁾􀀠􀁾􀁊􀀬􀀮􀀨􀁴􀀮􀀠L.L. ·r"'" ij : 􀀫􀀲􀀱􀀨􀁾􀁭􀁉􀀵􀀠NOl P.OOtl009 '-016 A 􀀮􀁅􀁉􀁾􀁅􀁎􀁓􀁔􀁁􀁲􀀠n·MfD/A'f()/f
. ; . r.t",·Dpy: (214) 􀀹􀀳􀀹􀂷􀀲􀀰􀁾􀁏􀀠Via Telecopy and Regular Mail Marigny Lanier MARIS & LANIER 10440 N. CenlraJ Expressway, Suite Dallas. Texas 15231 Re: Patricia Sapp and Ke Holdings,
INC., The To as Mayor ofthe Town 0 Addfson, Texas; In the ofTexas. Dallss Divisi MEDIATION: November 30, 200 3400 Of AMEiuc.. PLhXt. . 1l'MINStk51lT' . nAL . $, TEXAS 1S.0N796 . L 214)
􀁧􀀩􀁧􀁾􀀱􀁉􀁉􀁈􀀩􀀠. N . ,embed3, 2004 SO l ,Waldrep II. Post Aparrment Homes, L.P., Post Gf '. ofIlddl;.o/l, Texas; R. Scott Wrneeier, In his capacity ddtsori;:Texas. arid the Cfty
Council ofTht TOWII of niled StiBles 􀁢􀁩􀁳􀁴􀁲􀁩􀁾􀁴􀀠Court for the Northern District •Civil Action Noi3-03-CV.2593-B i' ; . :INVOlCE. . MEDIATION FEE: $1,500.00 ,. DUE DATE: N' mber
)0. 2004 ,,,, Please make cbec !. yab" 􀁦􀁄􀁪􀁆􀀱􀁉􀁡􀁾􀁉􀀢􀀠D':"eopol1. L-L.r. ax I.D.1S;%137988} . 
SENT BY: ; 214 70s 0921 ; 􀁎􀁏􀁖􀂷􀀲􀁡􀀭􀁾􀀧􀀠11 :21AM; PAGE BIB ov-13-04 05;111>11 ,10,,1, U" ' j:: : 􀀫􀀲􀀱􀁾􀀹􀀺􀁭􀀰􀀹􀀵􀀠.' T-IOt P 004/0DI FoOlS Counsel ofRecord November 23. 2004
Page 3 II IlIsa would assist me if each "you W.Uld send the via mail copies af your latest applicable pleadings (e.g., Plaintiff's amplaillt. Defendant's Answer), 10 the extent you have
not previously done so. " " ; , For your infonnation. also encl 'ed are the fO,llowiilg documents;" (n) An access map with dir ',ions to iny oftlce; (b) Rules for Voluntary Me tion;
and (c) Invoice. " 3. Mtdlstkm Fee. The Mediation Fee covers the: . ily 􀁣􀁯􀁳􀁾􀁾􀁯􀁦􀀡􀀯􀁬􀁥􀀠mediation session, 5cheduling and administration of the mediation. 1\ W ,log lu*cb d,uring
sessions Ihat commence in th.: morning. and limited telephone conferees witljlbe attorneys before and, ifnecessary. after the mediation session. Since we antici • e thaljhe 􀁭􀁥􀁤􀁩􀁡􀁴􀁾􀁮session
liI.ely will not exceed one day, C:Qch party need only tender Mediation Fee fotia sinsIe mediation sessioll. Any time spent beyond Ihe fim full day ofn 'clilltion Will tie billed at
me rate oi$lSO.OO per hour, per side. All parties' fee payments, wbic . ay be inlhcfonn ofcash. cashier'S check, or check drawn OIl the ballk account of (or pa . t guUlinteCd by} a law
firm and made payable to Figari & Davenport, L.LP., sbould.. tendehld prior to IIlId no later than the date of tbe mediation session. Foryour info tion, 􀁴􀁾applicable Federal Tax I.D.
Number is 752137988. ICyou would like to discu9s any' . 􀁴􀁬􀁬􀁥􀁳􀁥􀁾􀁬􀁬􀁴􀁴􀁥􀁲􀁩􀁳􀀠further priorto the medialiansessioll, please feel free to call me. 1look fo . d to wql:king 􀁷􀁩􀁾􀁨􀀺􀁹􀁯􀁵to
resolve this matter during medilllion. GDE:alh Enclosures 
􀁾􀀠, ; ;, . ) : TELE¢6PI, ,, ' PLEASE DELIVE ..frO f ; { i { ! November 29.2004 1 i, ,, ,\ , Rickey Garen yia Te t-tuf.'lIelr: (512)491-2366:"'. : Ken Dippel Mike Murphy naTe i l 1.
􀁾􀀠Direct phone Numbdri Direct Telecopier NuPiber Cover+ 3 ! : IF YOU DO NOT RECEJ:VE ALL PAGES, j I , , 􀁾􀀠1 Message: See attached letter ia r'ele 􀁾􀀠􀁾􀀠h ',j :: l; :! r: (2W672-202Q
Number: (972)45Q-2837 on Addison's Motion to i" 􀁾􀁬􀀠:: 􀀩􀁾􀀠􀁎􀁯􀁶􀀭􀁾􀁥􀀭􀀰􀀴􀀠5:08PU; PAGE 114SENT BY: j j 􀁍􀁡􀁾􀁩􀁳􀀠&1 􀁊􀁬􀁕􀀨􀀴􀁾􀁊􀁉􀁊􀁬􀁩􀁥􀁲􀀠Telephone; (214) 706-0920 10440
N. Centralllxpressway t !1450 Meadow Par B g., LB 702 Telefax: (214) 706-0921 , ., , Direct: (214) 706-0\125Dallas, 'l'exas 75231 : ; 􀁾􀀠j ; , j ; l Date: To: To: To: From: Pages: Re:
"Compel. ;, " 1 ; 􀁾􀀠1 􀁾􀀧􀀠_ Original will follow by Mall lL..j 0 . i will NOT follow by mail 1 1 " J 1 1"-<, The information contained In Ibis 􀁦􀁩􀁾􀁩􀀠. 􀁭􀀢􀁾􀁳􀀠:'" orney privileged
and confldentilll informationintcndedonlyfol'theui"lof eind,lvi :' ,: entitynwnedabove.Ifthereader of this mesgage Is bot the Intended I!edple t, you .. _ y notified thot any tlJU\uthorized
􀁤􀁬􀁡􀁳􀁥􀁭􀁩􀁮􀁡􀁴􀁩􀁏􀁄􀀮􀁤􀁩􀀵􀁴􀁲􀁩􀁢􀁵􀁴􀁩􀁯􀁮􀁯􀁬􀀧􀁣􀁯􀁰􀁾􀀮􀁯􀁦􀀠cor/un: .: ' onlsstrietlyprohibited.lfyouhll.ve received this "unununiClltion In ..rr+r, p ..... 􀁾􀁭􀀧􀀠'.
ely nollfy U!I by lelephone Ilt the numbers listed. Thank you. i ! ij i ; ;,; ; , It 11 􀁾􀀠:; 'i! ' j, 􀁾􀀠
214 70s 0921 NOV-29·04 5:08PM; PAGE 2/4 Cause No. 􀀰􀀲􀀭􀀮􀁤􀁾􀀧􀀱􀀧􀀺􀀻􀂷􀂷􀁆􀁩􀁩􀁩􀁴􀁊􀀠Ult;I!.>m.'l Judicial District 􀁉􀀮􀀬􀀻􀁏􀁬􀁾􀁲􀁴􀀬􀀠, . , j', i '. 706'092-1 Direct: (214)
706-Q922 hearing on Town of Addison's 3. 2004 beginning at 10:00 nstllDtl:o MichaelJ. McKleroy. Jr. Ll\.NXER, P.C. ", " ;.-.''',' , ."" 1450 70210440 N. Central ExpTe5Sway Dallas, TeJ<AS
75231 . VIA CERTIFIED MAIL NO. 􀀷􀀰􀀨􀀩􀀳􀀱􀀧􀀶􀀸􀁾􀀧􀁩􀁣􀁩􀀨􀁊􀀧􀀨􀀩􀀴􀀲􀀸􀁾􀀷􀀺􀁨􀁬􀀫􀀳􀀠Pat Milliken 14905 {.<lke 􀁆􀁯􀁲􀁥􀀬􀁾􀁴􀀠Drive Addison, Texas 75001 Re: Pat Milliken v. File
No. 60'7-066 Dear Ms. Milliken: The purpose of this letter Motion to Cornie] has been 􀁲􀁥􀁳􀁬􀁣􀁨􀁥􀁬􀁾􀀧􀁩􀁪􀁤􀀨􀁬􀁤􀀠a.m. in the 116 Thanking you in advance cc:Zacb T. Mayer Fee,
Smith. Sharp & One Galleria Tower 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 VIA FACSIMILE , . ,,, .... ' 
SENT BY: 214 708 0921 NOV-29-04 5:09PM; PAGE 3/4 J. Robert Miller, Jr. MILLER & BROWN, L.L.P. . -400 South Ervay Street Dallas, Texas 75201-5513 VlAFACSIMII.F. .... '" .' ,','.-"." ,
. '..' :.' ;. ..::.-. 
􀁾􀁔􀀠BY: 214 70B 0921 NOV·29·04 5:09PM; PAGE 4/4 ,f i', i 1 1ibee: Rickey Garen [ : Texas Municipal L£ague t! Intergovernmental Risk P04J! P.O. Box 149194 i ' Austin, Texas 78754 '
VIA FACSIMILE Mike Murphy t I Lynn Chandler \ ! Public Works Department Town of Addison P.O. Box 9010 Addison, Texas 75001 VIA FACSIMILE II 1 1 •i j i ! 11 i i j ( r j 􀁾􀀠i ;. j ! f
! i ," !. ( 􀁾􀀠
PAGE 1/7SENT BV: 214 70s 0921 1450 Meadow Park Bldg., LB 702 Telephone: (:114) 706-0920 10440 N. Central Expressway TeIef.x: 􀀨􀁾􀀱􀀴􀀩􀀠706-0921Dallas, Texas 75231 Direct: (214) 706-0925
TELECOPIER COVER SHEET PLEASE DELIVJ:;R TO ADDRESSEE IMMEDIATELY Date: Octobcl' 28, 2004 To: Mike Murphy Via Tclccopier Number: From: Amy L. Walker, Legal Assistant Direct Phone Number
; (214) 70&-0922 Direct Telecopier Number : (214) 706-0921 Pages: Cover + b IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Autna at: 1-214-706-0932 Re: Pat Milliken v. Town of Addison
File No. 607-066 Message; See attached flrb1 amended depo of Peter Hennessy. _ Ol'iginal will follow by mail _x_ Original will NOT follow by mail n\e Information wntftiued in dlls (Q<:tdmUe
meullle is attonley privlle&c:d tend confidential infornl4unn intended only for the \18.: QftIleindividuaJ erentlty 􀁮􀀮􀁭􀁾above. Ifthe readerofthll MewHge ianotthe inr.endednwlplcnt,
you are 􀁨􀁾􀁲􀁥􀁢􀁹􀀠notifiC'd that any ulululhQr'b.ed diReminatiun, distribution nJ' copying ofthiB commumeadon it; strictly pl'ohiblted. Ifyou hAve 􀁲􀁥􀁣􀁾􀁬􀁶􀁥􀁤􀀠Ull$ oommunil;oUtion
in cl'rur. please: tmmedIntcty notify \141 byte)ephone I.It tho n"mbe:t8 liated. Thllltlt )"m". 
214 706 0921 OCT·28·04 2:39PM; PAGE 2/7SENT BY: Maris & Lanier 1450 Meadow Park Illdg .• LB 702 Telephone: (214) 706-0920 10440 N. Celltral Expr".sway Telefax: (214) 706-0921 Dana••
Texas 75231 Direct: (214) 706-0925 ROIIERT F. MARIS Attorney at Law October 28, 2004 VIA FACSIMI LE Thomas H. Keen LOOPER REED &MCGRAW 1601 Elm Street, Suite 4100 Dallas, Texas 75201
VIA FACSIMILE Zach T. Mayer Fee Smith Sharp & Vimllo, L.L.P. Three Galleria Tower 13155 Noel Road, Suite 1000 Dallas, Texas 75240 VIA FACSIMILE J. Robert Miller, Jr. MILLER &BROWN, L.L.P.
400 South El'vay Street Dallas, Texas 75201-5513 Re: Pat Milliken u. Town ofAddison, et a/. Cause No. 02-4715-F in the 116th District Court, Dallas County File No. 607-066 Dear Counsel:
I am in receipt ofMr. Mayer's request to reschedule the deposition ofPeter Hennessy to December 1, 2004. Therefore, attached hereto is the First Amended Notice of Oral Deposition of
Peter Hennessy, P.E. 
214 70a 0921 OCT·28·04 2:40PMj PAGE 317SENT BV: Thank you for your time and attention to this matter. Sincerely, MARIS & LANIER, P.C. 
SENT BV: 214 706 0921 OCT·2B·04 2:40PM; PAGE 4/7 CC: VIA FACSIMILE Mike Murphy Steve Chutchian Town of Addison P.O. Box 9010 Addison, Texas 75001 (w/encl.) 
SENT BY: 214 706 0921 OCT·2A·04 2:40PM; PAGE 517 CAUSE NO. 02-4715-F PAT MILUKEN, § IN THE DISTRICT COURT § Plaintiff, § § v. § § n6th JUDICIAL DISTRICT TOWN OF ADDISON, THE PRESTON
§ GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG, PRESTON HOMES, § INC., JON B. COLEMAN and § LEGACY BANK OF TEXAS, § § Defendants. § DALLAS COUNTY, TEXAS FIRST AMENDEQ NOTICE OF ORAL
DEPOSn'1QN OF PETER F. HENNESSY, P,R. . To; Plaintiff, Pat Milliken, byand through her attorney of record, Thomas H. Keen, Looper Reed & McGraw, 1601 Elm Street, Suite 41QO, Dallas,
Texas 75201. To: DefendantsThe Preston Group Designers and Builders, William Long, Preston Homes, Inc., and Jon B. Coleman, by and through their attorney of record, Zach Mayer, Fee,
Smith, Sharp&;Vitullo, LLP, One Galleria Tower, 13355 Noel Road, Suite 1200, Dallas, Texas 75240. To: Defendant Legacy Bank of Texas, by and through its attorney of record, J. Rubert
Miller, Jr, , MILLER & BROWN, L.L.P., 400 South Ervay Street, Dallas, Texas 75201-5513. Please take Ilotice that Defendant Town ofAddison ("Defendant") will take the oral deposition
of Peter F. Hennessy, P.E. at Maris & Lanier, P .C., 10440 N. Central Expressway, Suite 1450, Dallas, Texas 75231 on December 1, 2004 beginning at 10:00 a.m. and continuing thereafter
from day to day until the deposition is completed. Please be advised that Mike Murphy may will be present at the deposition. FIRSIAMENDED NOTICE OF ORAL DEPOSITION OF PETER P. HENNESsy.
P.E. PAGE 1 
SENT BV: 214 706 M21 OCT·2S·04 2:40PM; PAGE 6/7 Respectfully submitted, MARIS & LANIER, p.e. W1kRobert F. Maris State Bar No. 12986300 Marigny A. Lanier State Bar No. 11933200 Michael
J. McKleroy, Jr. State Bar No. 24000095 10440 N. Central Expressway Suite 1450, LB 702 Dallas, Texas 75231 214-706-0920 telephone 214-706--0921 facsimile ATTORNEYS FOR DEFENDANT TOWN
OF ADDISON FIRST AMENPED NOIres OF ORAL DEPOSITION OF PWEll1<. H I!NNI!S&'Y. P.E. PAGE 2 
SENT BV: 214 706 Qg21 OCT-2B-04 2:40PM; PAGE 7!7 CERTIFICATE OF SERVICE This is to certify that a tllle, correct lind complete copy ofthe foregoing instrument has been served in accordance
with Rule 2111 of the Texas Rules of Civil Procedure on October 28, 2004 to: Thomas H. Keen Looper Reed & McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 VIA JlACSlMILE Anthony
Vitullo ZachMayer Fee, Smith, Sharp & Vitullo, LLP One Galleria Tower 13355 Noel Road, Suite 1200 Dallas, Texas 75240 VIA FACSIMILE J. Robert Miller, Jr. MILLER & BROWN, L.L.P. 400 South
Ervay Street Dallas, Texas 75201-5513 VIA FACSIMILE Robert F. Maris FIRST AMENDED NOTICE OF ORAL DEPOSITION OF PETER F. HENNESSY. P.IO. PAGE 3 
SENT BY: OCT·26-04 9:40AU; PAGE i!7 1450 Miladow Park Illdg., Ul 7'''' Telephone: (214) 706-0920 10440 N. Central Expressway Telefax: (214) 706-0921 Dallas, Taxa. 75231 Direct: (214)
706-0925I I TELECOrlER COVER SHEET PLEASE DELIVER toADDRESSEE IMMEDIATELY , ! Date: October 26, 2004 I:! . To: Mike Mumhy Via Telecopier Number: 972-450-2837 Direct Phone Number : 􀀨􀁾􀀱􀀴􀀩􀀠706-0<)
22 Direct Telecopier Number: (f14) 706-0921 Pages: Covel' + h ! IF YOU DO NOT RECEIVE ALL PA4s, PLEASE CALL Autna at: 1-214-706-°932 Re: Pat Milliken v. Town of Addi In File NQ. 607-066
, Message: Sce attached depo nlrtce ofPeter F. Hennessy, P.E. i _ Original will follow by mail _xt-Original will NOT follow by ma.i1 Th. infon...lion «.olOlncd In d.l.f.,,'mlle 􀀢􀀬􀁾􀁡􀁧􀁥ilattorney
privileged anel ""nl'ldentW informalion inlended only for Ih. u.....flb.lndivldual or entily ruun .b""o. Ifll.......der "fib'. m..""",i& not Ib.lnlnd<d """plent, you are heRhy notified
that lUly unAuthorized diQacmlnatiou, distribution or coPYing of tId. tId. f,:ofl)muntc&tlon hi strictly prohibited. If)'uu have: 􀁎􀁾􀁬􀁶􀁣􀀴thlJ) eo munioetion in errvr, plQ;¥u immwl.tcly
􀁨􀁦􀀩􀁾Wi by telephone at the D'umbvrs li5ted, Thankyou. ; I I I 
SENT BV: 214 706 Og21 OCT·26·04 g:40AM; PAGE 2/7 I I 􀁍􀀦􀁉􀀧􀁾􀀸􀀠& Lanier A 􀁾􀀨􀀩􀁵􀁩􀀨􀁬􀁵􀀮..l COr'pQr.li6u '450 Meadow Park 􀁂􀁬􀀼􀀴􀁬􀁾􀁌􀁂􀀠702 Telephone: (214) 706-0920I 10440
N. Central Expressway Telefax: (214) 706'0921 Dall••, Texas 7523' Direct: (214) 706'°925 ROBERT F. MARIS Attorney at l,aw f October 26, 2004 VIA FACSIMILE Thomas H. Keen LoOPER REED
&; McGRAW I1601 Elm Street, Suite 4100 Dallas, Texas 75201 IVIA FACSIMILE Zach T. Mayer Fee Smith Sharp &; Vitullo, L.L.P. Three Galleria Tower 13155 Noel Road, Suite 1000 i IDallas,
Texas 75240 I VIA FACSIMILE Ii J. Robert Miller, Jr. MILLER &; BROWN, L.L.P. i> 400 South Ervay Street I Dallas, Texas 75201-5513 Re: Pat Milliken lI. Town ojAddison, et al. Cause No.
02-4715-F iq the 116th District Court, Dallas County File No. 607-066 I IDear Counsel: ' I Enclosed please find the Notiqe of Oral Deposition of Peter F. Hennessy, P.E. Mr. Hennessy's
deposition has 􀁢􀁥􀁥􀁮􀁳􀁣􀁨􀁥􀁤􀁾􀁬􀁥􀁤for November 30, zo04beginningat10;00 a.m. at our office. If this date/time is not agreeable with you, please telephone me at my direct dial,
214-706-0922, and I will 􀁾􀁥happy to reschedule. I ! I, I j 
SENT BY: 214 706 0921 OCT-2B-04 9:40AM; PAGE 3/7 I, I Thank you for your time and 􀁡􀁾􀁥􀁮􀁴􀁩􀁯􀁮􀀠to this matter. Sincerely, alker s stant to Robert F. Maris Enclosure 
SENT BY: 214 708 0921 OCT -28-04 . 9:40AM; PAGE 4/7 ! I l cc: VIA FACSIMILE Mike Murphy Steve Chutchian Town of Addison P.O. Box 9010 Addison, Texas 75001 (wi enc!.) 
SENT BV: 214 708 0921 OCT·21l·04 9:40AM; PAGE 5/7 I I CAJsE NO. 02-4715-F PAT MILLIKEN, [ : IN THE DISTRICT COURT Plaintiff, j § I 􀁾 v. I § 116th JUDICIAL DISTRICT TOWN OF ADDISON,
THE PRESTOl'r § GROUP DESIGNERS AND 􀁂􀁕􀁉􀁌􀁄􀁅􀁾􀁓􀀮􀀠§ WILLIAM LONG, PRESTON 􀁈􀁏􀁍􀁅􀁾􀀬􀀠§ INC., JON B. COLEMAN and I § LEGACY BANK OF TEXAS, I § Defendants. ii § § DALLAS COUNTY,
TEXAS ! NOTICE OF ORAl. DEPO,ITION OF PETER F. HENNESSY, P.E. To: Plaintiff, Pat Milliken, 􀁾and thl'ough her attorney of record, 'rhomas H. Keen, Looper Reed &jMcGraw, 1601 Elm Street,
Suite4100, Dallas, Texas 75201. ! I I To: DefendantsThe I'restonlGroup Designersand Builders, William Long, Preston Homes, 􀁉􀁮􀁣􀀮􀀬􀁾􀁮􀁤􀀠Jon B. Coleman, by and through their attorney
of record, Zac Mayer, Fee, Smith, Sharp &: Vitullo, LLP, One Galleria Tower, 13355 . oel Road, Suite 1200, Dallas, Texas 75240. To: Defendant Legacy B8$ of Texas, by and through its
attorney of record, J. Robert Mill ,Jl·., MILLER & BROWN, L.L.P., 400 South Ervay Street, Dallas, T as 75201-5513. !• Please take notice that Defendtnt Town of Addison ("Defendant")
will take the oral deposition of Peter F. Hennessy, 􀁾􀀮􀁅􀀮􀀠at Maris lit Lanier, P.C., 10440 N. Central I Expressway, Suite 1450, Dalla$,jTexas 75231 on November 30, 2004 beginning
at 10:00 a.m. and continuing thereaker from day to day until the deposition iscompleted. Please be advised that Mike Murphy 􀁾􀁡􀁹will be present at the deposition. , I i f 1 NOTICE OF ORAL DEPOSITION OF phil!F. HENNESSY, P.E. l'AGE 1 i , , ! 
SENT BV: 214 706 0921 ; OCT·26·04 9:41AM; PAGE 6/7 1 ! I ; i 1 j ! I ; I f i I t ! i I ,i I I ! Respectfully submitted, MARlS & LANIER, P.C. Robert F. Maris State Dar No. 12986300 Marigny
A. Lanier State Bar No. 11933200 Michael J. McKleroy, Jr. State Bar No. 24000095 10440 N. Central Expressway Suite 1450, LB 702 Dallas, Texas 752.31 214-706-0920 telephone 214-706-0921
facsimile ATTORNEYS FOR DEFENDANT TOWN OF ADDISON ! NOTICE OF QRAL DEPQSITION OF PtrER F. HENNESSY. P.E. PAGE 2 I I 
214 706 0921 OCT-26·04 9:41AM; PAGE7J7 I 1 ; j CERTIFJCATE QF SERVICE ! This is to certify that a true, coheet and complete copy of the fOl'egoing instrument has been served in accordance
with Rule 21a of the Texas Rules of Civil Procedure on October 26, 2004 to: I i,Thomas H. Keen jLooper Reed &. McGraw !, 1601 Elm Street, Suite 4100 Dallas, Texas 75201 VlAFACSIMILE
Anthony Vitullo ZachMayer Fee, Smith, Sharp &. Vitullo, LLP I One Galleria Tower ! I13355 Noel Road, Suite 1200 Dallas. Texas 75240 ,f VlAFACSIMILB j ! J. Robert Miller, Jr. l MinER
&. BROWN, L.L.P. f 400 South Ervay Street Dallas, Texas 75201-5513 i iVIA FACSIMILE f ! I Robert F. Maris I i I ; j 1 f I ! 1 ,l i ! i i I NQ'UCE OF ORAL DEPOSITION OF 􀁐􀁾􀁅􀁒F. HENNI!SSY.
P.E. 􀁐􀁁􀁇􀁅􀁾􀀠􀁾􀀠
214 706 0921 OCT·26·Q4 . 9:39AM; PAGE 1/4 ! i ,i 1450 Mcadow Park Bldg.• LB 702 Telephone: 􀀨􀁾􀀱􀀴􀀩􀀠106'0920 10440 N. Cenlral Expressway Telefax: (l!14) 706'0921 ,IDallas, Texas 752:11
Direct: (214) 70&-0925 1 1 i i . 􀁔􀁅􀁌􀁅􀁾􀁐􀁉􀁅􀁩􀁴COVER SHEET PLEASE DELIVER toA:J)DRESSEE IMMEDIATELY !, 1 Date: October 26, 2004 t i To: Mike Murphy I Via Telecopier Number: . iFrom:
Amy L. Walker. i&gal AsSIstant I, . Direct Phone Numbel' : (k14) 706-0922 Direct Telecopicr Number : 􀀨􀁾􀀱􀀴􀀩􀀠706-0921 Pages: Cover + 3 i: IF YOU DO NOT RECEIVE ALl. PAJRS. PLEASE
CALL Autna at: 1-214-706-0932 Re: Pat Milliken v. Town ofAddis!n . File No. 607-066 I. Message: See attached letter,te: nearing scheduled on Town ofAddison's Motion to Compel 􀁦􀁾􀁬􀀧􀀠November
29, 2004 at 2:00 p.m. 1 • _ Original will follow by mail _xL Original will NOT follow by mail I . 􀁮􀁵􀁾􀀺􀀠lufornulnon .:ontllined in tbis facsimile 􀁮􀁾􀁡􀁧􀁯􀁾􀁑􀀠ottot'116y privileged
ond confidential infornu.tion int(.lnd<!d only to.. theuse ottlle indlvidllfll 01' entity n.rn 􀁡􀁨􀀼􀀮􀁾􀀮􀀠Iftlte I'eafieto ofthis me.uage is not 􀁴􀁫􀁾􀀠intended rtl(.:iplent. yuou
an hereby nQtifhid th$t any unauthorb: 􀁤􀁬􀀮􀁳􀀺􀁾􀁮􀁡􀁴􀁩􀁯􀁮􀁊􀀠distribution or copying ofthia wmmuniC$tlon i9 '('(oJly p'Qhlbllcd. «you h••erec.lvedthis. "",,,,,t\ooin <-'ITOr, pI_ImmedMcly
notIfy ... by telepholl" ot the nUDlbeJ'lliatoo. Thank you. j:I . I 
PAGE 2/4214 706 0921 SENT BY: I I ! i ! 􀁍􀁡􀁲􀁾􀁳􀀠& Lanier A 􀁊􀁦􀁯􀁩􀀼􀀧􀀮􀁬􀁉􀁩􀁾􀀠COl'pul..tlon I 1450 Mcadow Park Bldg., l.ll 702 Telepbone: (214) 706-0920I10440 N. Central Expressway
Telefax: (214) 706-0921 l !Dallas, Texas 75231 ; Direct: (214) 706-0925 i I ROBERT F. MARIS! Attorney at Law I, I ; October 26, 2004 t, iVIA FACSIMILE 1 Thomas H. Keen i LOOPER REBD
& MCGRAW 􀁾􀀠 !1601 Elm Street, Suite 4100 iDallas, Texas 75201 ! t,VIA FACSIM1LE Zach T. Mayer I Fee Smith Sharp & Vitullo, L.L.P. Three Galleria Tower I13155 Noel Road, Suite 1000
i Dallas, Texas 75240 I iVIAPACSlMlLE J. Robert Miller, Jr. \MILLER & BROWN, L.L.P. 400 South Ervay Street I Dallas, Texas 75201-5513 i t ' Re: Pat Milliken tI. Town of!4ddison, et al.
Cause No. 02-471S-F in tbe I!6th DistricL Court, Dallrus County File No. 607-066 I iDear Counsel: 1I . This letter is to advise you that 􀁩􀁨􀁥􀁦􀁥􀁾􀁤􀁡􀁮􀁴􀁔􀁯􀁷􀁮of Addison's Motion
to Compel has b\)I;lD reset for hearing on Novemberj29. 2004 at 2:00 p.m. T \ } t j ; ! I I 
SENT BV: 214 706 0921 00T·26·04 9:a9AUj MGE a/4 ! I I I . Thank you for your time and 􀁡􀁾􀁥􀁮􀁴􀁩􀁯􀁮􀀠to this matter. 1 . I Sincerely, I MARIS & LANIER, P.C. i, ! JI .. \ 1, . cc:
Court Clerk, 116'0 Judicial Disthet Court 600 Commerce Street, Suite 693 : Dallas, Texas 75202 I· I ! I I ; I 
214 706 0921 OCT·2B·04 9:39AM; PAGE 4/4SENT BY: I i 1 fcc: VIA FACSIMILE. I Mike Murphy i I Steve Chutchian i Town of Addison i P.O. Box 9010 Addison, Texas 75001 
SENT BV: 214706 0921 SEp·17·04 Jl:25AM; PAGe 1/3 1450 Meadow Park Bldg., LB 702 10440 N. Central Expressway Dallas, Texas 76231 TELECOPIER COVER SHEET PLEASE DELIVER TO 􀁁􀁄􀁏􀁾􀁅􀁓􀁓􀁅􀁅􀀠IMMEDIATEL
Y Date: September 17, 2004 To: Mike Murphy Via Telecopier Number; (972)450-2837 To: Steve Chutchian Via Telecopisr Number: (972)450-2837 To: Bruce Grantham Via Telecopier Number: (972)864-2334
From: Amy L Walker, Legal Assistant Direct Phone Number (214) 706·0922 Direct Telecopier Number : (214) 706-0921 Pages: Cover + :J.. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Debbie
at: 214-706-0920 Re: File No. 607-066: Pat Milliken v. Town of Addison Message: See attached letter re: pre-inspection meeting. _ Original will follow by mail _x_ Original will NOT follow
by mail The Infonnatlon conlalned In this facsimile me$$age is attorney privileged and confidential information Intended only for the use of the individual or entity named above. If
the reader of this message 18 not the Intended recipient, you are hereby notified that any unauthOri:teci dISsemination, distribution 01' copying of this communlcallon Is strictly prohibited.
If you hive received this communication in error, please immediately notify U$ by telephone at the numbelllllsttd, Thank you. 
SENT BV, 214 70e 0921 ; SEP·17·04 11:2SAM; Maris & Lanier A Pro£Cuional CorpQrllti'>ll 1450 Meadow Park Bld9., LB 702 10440 N. Central Expressway Dallas, TExas 75231 214-706-0920 214-706·0921
(FAX) September 17, 2004 VIA FACSIMILE VIA FACSIMILE Zach T. Mayer J. Robert Miller, Jr. Fee Smith Sharp 8. Vitullo, LLP. MILLER & BROWN, LLP. Three Galleria Tower 400 South Ervay Street
13155 Noel Road, Suite 1000 Dallas, Texas 75201-5513 Dallas, Texas 75240 Re: Pat Milliken v, Town of Addison, e! al. Cause No. 02-4715-F In the 116th District Court, Dallas County File
No. 607-066 Dear lach and Robert: This letter is to advise you that we have scheduled a pre-inspection meeting for Monday, September 20,2004 beginning at 3:00 p.m. The meeting will take
place at the Finance Building, located at 5350 Beltline Road, Addison, Texas 75240. Mr. Maris, Mike Murphy, Steve Chutchian. and the surveyor, Bruce Grantham, P.E. will be present at
the meeting. Each of you and your respective experts are invited to attend. Also, I am attaching Grantham & Associates, Inc.'s survey estimate for your client's consideration in splitting
the cost of same. If you have any questions, comments, or concerns, please do not hesitate to call. Sincerely. L Walker I Assistant to Robert F. Maris Enclosure 
SENT BY: 214 70e 0921 j SEp·17·.04 11 :2SAMj PAGE 313 cc: VIA FACSIMILE Mike Murphy Steve Chutchian Town of Addison P.O. Box 9010 Addison, Texas 75001 (w/o encl.) VIA FACSIMILE Bruce
Grantham, P.E. Grantham & Associates, Inc. 
CAUSE NO. 02-4715 PAT MILLIKEN, § IN THE DISTRICT COURT OF § Plaintif't § § -§§ TOWN OF ADDISON, THE PRESTON § DALLAS COUNTY, TEXAS GROUP DESIGNERS AND BUILDERS. § WILLIAM LONG, PRESTON
HOMES, § INC., JON B. COLEMAN. AND § LEGACY BANK OF TEXAS. § § Defendants. § 11611> ruDICIAL DISTRICT PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR DISCLOSURE TO: LEGACY BANK OF TExAs,
by and 1brougb its attorney of record, J. Robert Miller, Jr., Miller & Brown, LL.P", 400 South Ervay Street, Dallas, Texas 75201-5513. PAT MILLIKEN submits the following responses to
LEGACY BANK OF TExAs' requests for disclosure. (a) the correct names ofthe parties to the lawsuit; REsPONSE: Plaintiffbelieves the parties are correctly named. (b) the name, address.,
and telephone number ofany and all potential parties; REsPoNSE: P1aintifJ has just recently become aware that Legacy Bank has sold the property. Their buyer is a necessmy party to this
action.. (c) the legal theories and, in general, the factual basis of the responding party's claims or defenses; REsPoNSE: Plaintiffbelieves those are adequately covered in her pleadings
and in the responses to ctillCovery previollSly served. . Specifically as to this Defendant, the claim relates to the current status of drainage from the Legacy Bank lot to adjacent
lots, and any liability the Bank may have for conveying the property to the new 􀁯􀁷􀁮􀁾..without full disclosure of the pending suit . 
(d) the amount of and any method of calculating economic damages; i.e.; taxes in dispute andlor attorney's fees; !RESl'ONSE: Plaintiffanticipates a total damage calculation ofapproximately
$750,000, plus attorneys' fees. The damages include approximately $200,000 in real property taken and used temporarily or permanently by Defendants, $275,000 for loss of mature trees
and approximately $275,000 in lost I personal property, inconvenience, clean up time and expeDSe, lost rental and reconstruction costs. This does not include punitive damages and I temporary
or permanent loss of value of Plaintifi's structure as a home. As against this Defendant, continued conditions which relate to the diminution ofvalue ofPlaintifi's property from the
time ofLegacy Bank's I ownership to the present. I i (e). the name, address, and telephone number ofpersons having knowledge of relevant facts, ! and a brief statement of eachidentified
person's connection in the case; f IRESl'ONSE: All individual parties to the case. 1. Ron Whitehead -Knows of result of drainage and damage to Plaintifi's property. Admitted Town ofAddison
liability. 2. Carmen Moran • Knows of frequent complaints from Plaintiff and Town's offer to fix problem. 3. Mike Mwphy -Knows of Town's involvement in approval of development, observed
flooding and aftermath, and has knowledge ofremedial measures taken by Town. 4. Lynn Chandler -Knows offrequent complaints by Plaintift codes, Jaws and ordinances ofTown ofAddison. 5.
Unknown Town of Addison policemen -Know of Plaintiffs objection to presence ofDefendants on Plaintiff's property. 6. Unknown Town of Addison firemen -Know of flooding damage and pool
drainage. 7. Gary Petit -Knowledge of inadequate construction measures to control offsite drainage. Lack: of adeqtiate drainage studies to effi:ct a solution. . 
(f) for any teslif'ying expert: (1) the expert's name, address and teJepholle number; REsPONSE: 1. Gary M. Petit, P.E. (see attached curriculum vitae). 2. David Knighton (see attached
resume). i 3. PeterF. HenlJessy, P.E. (see attached resume) I4. Thomas H. Keen (2) the subject matter on which the expert will testify; I REsPONSE: 1. Drainage problem on Plaintiff's
property. State law, proper I procedures and remedies. I I2. Proper home and lot development. Remedial construction icosts. 3. Exislillg conditions of drainage from adjacent lots contribute
to "pooling" in areas indicated by Plaintiff. 4. Reasonable and actual attorneys' fees. (3) the general substance ofthe expert's mental impressions and opinions and a brief summary ofthe
basis for them, or ifthe expert is not retained by, employed by, or otherwise subject the control of the responding party, documents reflecting such information; REsPONSE: 1. Defimdant
homebuilders had insufficient dIainage plans and improperly handled drainage changes caused by development. . 2. Defendant homebuilders did not follow proper lot development techniques
to hand drainage. Cost of reconstruction oflower part of Plaintiff's home is probably cost prohibitive, but might be as much as $200,000. 3. See attached.. 4. Reasonable attorneys' fees
based on issues, efforts, time, complexity, experience ofattorney and results obtained. CA) all documents, tangible things, reports, models, or date compilations that have been provided
to, reviewed by, or prepilred by or for the expert in anticipation ofthe expert's testimony; and REsPONSE: Produced contemporaneonsly, as well as site inspection. 
(8) the expert's current resume and bibliography; RESPONSE: Attached. (g) any discoverable witness statements. REsPONSE: None recorded. Recounted in documents produced with previously
produced. None from Defendant Legacy Bank.. discovery (h) Any settlement agreements described in Rule 192.3(g); and RESPONSE: None. (i) Any witness statements described in Rule 192.3(h).
REsPONSE: None. Respectfully submitted, By 􀁾􀁾􀀮􀀠l􀀭􀀭􀁾􀁔􀁈􀁾􀁏􀀭􀁍􀁁􀁾􀁓􀁈􀁾􀀮􀁾􀁾􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭State Bar No. 11163300 1601 Elm Street, Suite 4100 I)ailas,1rexas 15201 1relephone:
214.954.4135 Facsimile: 214.953.1332 􀁁􀀱􀁲􀀱􀁲􀁏􀁒􀁎􀁅􀁙􀁆􀁏􀁒􀁐􀁌􀁁􀁄􀁦􀁮􀁆􀁆􀁐􀁁􀀱􀁲􀁍􀁉􀁔􀁌􀁌􀁾􀀠
CERTIFICATE OF SERVICE I certify that Ii true and correct copy of the foregoing document bas been forwarded via certified mail, return receipt requested, this 15111 day September, 2004,
in accordance with the Texas Rules ofCivil Procedure to the following peBl)n: Michael J. McKleroy, Jr. MARls & LANfBR, P.C. 1450 Meadow PIIIk Blvd., LB 702 10440 N. Central Expressway
Dallas, Texas 75231 ZachMayer FEE, SMITH, SHARP & VITULLO, L.L.P. One Galleria Tower 13355 Noel Road, Suite 1200 Dallas, Texas 75240 1. Robert Miller, Jr. Miller & Brown, L.L.P. 400
South Ervay Street Dallas, Texas 75201-5513 THOMAS H. KEEN 
P.Ol. INC. 1417 W. MAIN ST. SUITE 100 CARROLLTON, TEXAS 75006·6912 (972) 245-9478 • FAX (972) 245·7087 Mr. Thomas 11 Keen August 30. 2004 Looper, Reed and McCrdw, AUorneys 1'Ilan.k.5giving
Tower 1601 Elm Stroot Dallas, Tcxas 75201 Re: Mm. Pal Millikan, Resident 14905 T.aIe" Forest Drive HE: 0407.05 Phone; 214-237-6.151 Fax: 214-953·1332 Attorney Client Privilege Dear M.
Keen, On Augus116, 2004, topographical sW'Vcy readings were Iakcn at 1490S Lake Fon:st. Addison, Texas, SilP the eonslruclion oftbe house to tho SOUIh, the rt:Sidcm: stated there was
Ii history offlooding allhe lower back)lOtCh and pool arca and ofwater pooding along tho1i:'out side ofthe hollSe. A level loop was used to take spot grade clCVlltioos at IIJlProxim.atcly
Sl>-foot interval$. The readillgll confirmed the problem drainage areas the resident described. The ponding along the house in the 1i:'ont yard is due to a low-lying arcajust in 1i:'out
ofthc house and east ofthe entry steps to the 1i:'ont door. This area should be recontoured ensuring drainage away from thc bouse and cllaImolod. toward Lake Forest Drive. The flooding
occurs in the back on the lower po!'l:h and pool area and inside the lower level ofthe bouse.. It is caused bya raised area orberm and defined by Ii llTUSS-tic retaining wall on the
south side ofthe backyard that deflects tun-<lffwamrtoward the hoUR. '!'he water then sldrts arotmd a small slone wall and under a WDod dcok, where it then falls cmlo the lowcrporeh
and pool area. 
Technical Mcmager 􀁁􀁾􀁧􀀭􀀳􀀰􀀭􀀰􀀴􀀠02:49P Pete ',Qnnessey 972. J'j.70B7 P.02 Recent improvcmenlJ! to the property to the south have included a Slone retaining wall willl multiple
2" drain holes that drain water ponIed up against tho wall. There lifO approximately 34 ofthcse drain holes, about Sto 8 feet aplill from each other, along a 1Ill!i0rityofthc wall. 'I'lleK
pipes feed run-offwatcr from the elevated property to the south onto the surveyed property. increasing tho amOlDll of run-off water on the property and the chances offlooding. Possible
sol.u1ions to this pnlblem would be to conslruct Swale 1 beginning at the southwest COOJllI" oflhe house and running northwest below the cross·tie wall and iDtcrsooting with the swale
on the west lIido oftha property that leads to a box inlet in the northwest comerafthe property. This Swall/! t would channel the water fium the 3!.ljoining property to the south. Asecondmyswale.
Swale2, should be COllSIl"IlCted south ofthe stone retaining wall and running pandlel with the wall in anorthwesterly dil'tlction and turning !lOrd! after clearing tho steps ofthe wooden
deck. This Swale 2 would intersect the inlets along the north bol.llKboy line. Il is also teWlllitiend to extend the stone retaining wall past the wood deck, which would further ensure
drainage away fiom the patio area. Thcrc are 42'xl' grme in lets along the fi:nce on the north side ofthe propcny that handle tho drJinage from the south. The dmics and the 12" pipe
servicing the dntins are cloF with leafand grass clippings, which must be cleared. Some ofthe grading problems appear 10 be preexistingprior to the improvements ofadjoining property
10 the south ofthe site. However, the drainage problems have multiplied in tht:IiT severity due to the redirection ofthe volume ofwater fTom the improvements on the south adjoining property.
Yours Sinocrcly. ·1Jil£..,9..,<2"Peter F.llennessey. P.f!. 77 President PHlcltk HE\Word\2OO4\J0407_05 
Aug-30-04 DZ:SOP Pate annQSsey .__􀀮􀀮􀀮􀀮􀀬􀁾􀀠.:'2ii .A ---.--. ----......... 
·'.cannessey 972.-?70S7 P.04 1,, a fI"fIO 􀁾􀁵􀀬􀀯􀀧􀀠Z _... _... _.-_":'t_.-. -.--I. I 5W;ME p,.' ,3 I !-9' fTfJ(o WAu.. ! ; , ittfI Aug-30-04 02:50P Pat., , --"-" :". i I ! ! f-·i
i I '\ I I I I 􀁾􀀠􀁾..--..". 􀀭􀀮􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀠􀀰􀀱􀂷􀁾􀀹􀀭....... ' ..... -..... -.//'" '\. , I '\j. -........ \ TIC., 􀁾􀀠􀁾􀀠;' i , . J. IQo.7r 
Sep-15-04 11:40A 􀁐􀁥􀁴􀁾􀀠'ennassey 972.• ' 0;; _ 7087 P.02 Peter F. Hennessey, P.E. CEO Bachelor ofBllginecring. UniversityofQuecmdand, Austndia i GraduateBn&ineering. Uaivemity ofTens
al Arlington MastCl'l! ofDusinessAdministmtion. North TlI\Q(i\.'I Slate 􀁕􀁮􀁩􀁾􀀠I p ReJevam: Qualificalions -Registcnd Professio.nal Bn&ineer Registered Public SIIrVIl)'Of Over 30
years of l!.IlpQience in the structural engineering design of rosideatiaJ. 􀁾􀁡􀁾industrial, and instituIiODBl blIildings. as well as civil engineering design I and site dovl'llopmCIII
wlalcd to subdivisions and mllllicipal projects located in the North Texasan:a.. -Actively iD:vo1ved in Value Engi.nccring to CAiUI"C diCllfS obtain the most cost.cffi:djve design fur
their projects including dewlopmaltofeconomical COIIStrUction techniques. Responsible lottile !lIIJICtVfsion ofengineem. designers, dcaflsmeo, and SUl'VC)'Ol'S in the production ofdesign
c:aJeuIations, sptXifieations, and oonlractdooomcn1s. Extlmivc experience in the evaluation of soils report!, preparation of cost estimates, checking shop drawings. SlId oonducting field
inspections lot existing strucIIIrcs as well as projects under \XIlIStI1lC!ion. P Relaled.Bxpcrience StnK:tural Projects include: -MetroPort OfiiceBI4. 11 stol'y. ISO,OOO sq. It. post-1eIISioned
CCIlCJl:tc, lnriD& 'rx La Sierra Office Bldg.. 4story. 58,800 sq. ti.. posl-tcDsioncd COIlCI'eIG, Dallas, TX MadtetStreetWest, 5 storyofficctelailremodcl., 160,000 sq. fl., Dallas, TX
S1raitLane 􀁒􀁾so.ooo sq. ItDallas, IX BcdfonI Savings AssociaJioll, 4 sIDty, 41,000 sq. ft., slnlCtllllll s!eeI., Bedfiml, DC Rcnner-Franldi:ml L1"bmry, 24,000 sq. ft., Dallas, TIC
RHO Medical Center, 3story. 50,400 sq. ft., strueturaI steel, Fannas Branch. TX Forest 􀁾S story COJK;retc office, 100,000 sq. ft., with pre-cast lXIIICIl:fe parlcing garage, Dallas,
DC Western Exttusion, 150.,000 sq. fl manufacturing facility, Cmollton, TIC Civil Engineering projeds include' -East Ml:adowB resid8ll.tia1 subdivision. 96 acres, MesquilC, TX -Thorough
Bred Hills, residential subdivision, 3211C'115, Duncanville, TX -lIIdian Hills Golf Course, 412 IJa1IS, consII:1Iction cngineeting, City of Carrollton, CaITollton. TX -LakeridgcDcvelopmenI,
lSOacrcs, WlI"Bbachie, TIC 
PATMILLlKEN, § IN THE DISTRICT COURT OF § Plaintiff, § § vs. § § TOWN OF ADDISON, THE PRESTON § DALLAS COUNTY, TEXAS GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG, PRESTON HOMES, § INC.,
JON B. COLEMAN, AND § LEGACY BANK OF TEXAS, § § Defendants. § 116'" JUDICIAL DISTRICT PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FQR DISCLOSURE TO: LEGACY BANK OF TExAs, by and through
its attorney of record, J. Robert Miller, Jr., Miller & Brown, L.L.P., 400 South Ervay Street, Dallas, Texas 75201·5513. PAT MILLIKEN submits the following responses to LEGACY BA},'K
OF TEXAS' requests for disclosure. (a) the correct names ofthe parties to the lawsuit; RESPONSE: Plaintiff believes the parties are correctly named. (b) the name, address, and telephone
number of any and all potential parties; RESPONSE: Plaintiff has just recently become aware that Legacy Bank has sold the property. Their buyer is a necessary party to this action ..
(c) the legal theories and, in general, the factual basis of the responding party's claims or defenses; REsPONSE: . Plaintiff believes those are adequately covered in her pleadings and
in the responses to discovery previously served. '. Specifically as to this Defendant, the claim relates to the current status of drainage from the Legacy Bank lot to adjacent lots,
and any liability the Bank may have for conveying the property to the new 􀁯􀁷􀁮􀁾􀁉.;:vithout full disclosure of the pending suit. PLAINTIFF'S RESPONSE TO DEFENDANT'S REOUEST FOR DISCLOSURE
PAGE I 
(d) the amount of and any method of calculating economic damages; i.e.; taxes in dispute and/or attorney's fees; RESPONSE: Plaintiff anticipates a total damage calculation of approximately
$750,000, plus attorneys' fees. The damages include approximately $200,000 in real property taken and used temporarily or permanently by Defendants, $275,000 for loss of mature trees
and approximately $275,000 in lost personal property, inconvenience, clean up time and expense, lost rental and reconstruction costs. This does not include punitive damages and temporary
or permanent loss of value of Plaintiffs structure as a home. As against this Defendant, continued conditions which relate to tbe diminution of value of Plaintiffs property from the
time of Legacy Bank's ownership to tbe present. (e) tbe name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's
connection in tbe case; RESPONSE: All individual parties to tbe case. 1. Ron Whitehead -Knows of result of drainage and damage to Plaintiffs property. Admitted Town of Addison liability.
2. Carmen Moran -Knows of frequent complaints from Plaintiff and Town's offer to fix problem. 3. Mike Murphy -Knows of Town's involvement in approval of development, observed flooding
and aftermath, and has knowledge of remedial measures taken by Town. 4. Lynn Chandler -Knows of frequent complaints by Plaintiff, codes, laws and ordinances of Town of Addison. 5. Unknown
Town of Addison policemen -Know of Plaintiffs objection to presence of Defendants on Plaintiffs property. 6. Unknown Town of Addison firemen -Know of flooding damage and pool drainage.
7. Gary Petit -Knowledge of inadequate construction measures to control offsite drainage. Lack of adequate drainage studies to effect a solution. PLAINTIFF'S RESPONSE TO DEFENDANT'S
REOUEST FOR DISCLOSURE PAGE 2 
,, , (f) for any testifying expert: (1) the expert's name, address and telephone number; RESPONSE: J. Gary M. Petit, P.E. (see attached curriculum vitae). 2. David Knighton (see attached
resume). 3. Peter F. Hennessy, P.E. (see attached resume) 4. Thomas H. Keen (2) the subject matter on which the expert will testify; RESPONSE: I. Drainage problem on Plaintiff's property.
State law, proper procedures and remedies. 2. Proper home and lot development. Remedial construction costs, 3. Existing conditions of drainage from adjacent lots contribute to "pooling"
in areas indicated by Plaintiff, 4. Reasonable and actual attorneys' fees, (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis
for them, or if the expert is not retained by, employed by, or otherwise subject the control of the responding party, documents reflecting such information; RESPONSE: 1. Defendant homebuilders
had insufficient drainage plans and improperly handled drainage changes caused by development. 2. Defendant homebuilders did not follow proper lot development techniques to hand drainage.
Cost of reconstruction oflower part of Plaintiffs horne is probably cost prohibitive, but might be as much as $200,000. 3. See attached. 4. Reasonable attorneys' fees based on issues,
efforts, time, complexity, experience of attorney and results obtained. CA) all documents, tangible things, reports, models, or date compilations that have been provided to, reviewed
by, or prepared by or for the expert in anticipation of the expert's testimony; and RESPONSE: Produced contemporaneously, as well as site inspection. PLAINTIFF'S RESPONSE TO DEFENDANT'S
REOllEST FOR DISCLOSURE -PAGE 3 
• .(B) the expert's current resume and bibliography; RESPONSE: Attached. (g) any discoverable witness statements. RESPONSE: None recorded. Recounted in documents produced with discovery
previously produced. None from Defendant Legacy Banlc. (h) Any settlement agreements described in Rule 192.3(g); and RESPONSE: None. (i) Any witness statements described in Rule 192.3(h).
RESPONSE: None. Respectfully submitted, w 􀁂􀁹􀀺􀀮􀀭􀀭􀀭􀀺􀀺􀀺􀀭􀀧􀀭􀀭􀀭􀀭􀀽􀀭􀁾􀁾􀁾􀀬􀀧􀀭􀀭􀀭􀀭􀀭􀁾􀁟􀀮􀀠THOMAS H. KEEN State Bar No. 11163300 1601 Elm Street, Suite 4100 Dallas, Texas
75201 Telephone: 214.954.4135 Facsimile: 214.953.1332 A TIORNEY FOR PLAINTIFF PAT MILLIKEN PLAINTIFF'S RESPONSE TO DEFENDANT'S REOUEST FOR DlSCLOSURE-PAGE 4 
CERTIFICATE OF SERVICE I certifY that a true and correct copy of the foregoing document has been forwarded via certified mail, retum receipt requested, this 15th day September, 2004,
in accordance with the Texas Rules of Civil Procedure to the following person: Michael J. McKleroy, Jr. MARIS & LANIER, P.C. 1450 Meadow Park Blvd., LB 702 10440 N. Central Expressway
Dallas, Texas 75231 ZachMayer FEE, SMITH, SHARP & VITULLO, L.L.P. One Galleria Tower 13355 Noel Road, Suite 1200 Dallas, Texas 75240 J. Robert Miller, Jr. Miller & Brown, L.L.P. 400
South Ervay Street Dallas, Texas 75201-5513 THOMAS H. KEEN S;\THK\Client.s\Milliken, Pat\Oiscovery\Response to 1st Disclosures-Legacy Bank.doc PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST
FOR D1SCLOSURE-PAGE 5 
01, 􀁾􀁧􀀭30-04 02: 49P Pete 􀀧􀁾􀁥􀁮􀁮􀁥􀁳􀁳􀁥􀁹􀀠97-245.7087 P. OJ.Wi' .iI-.' . .. ::-:HENNESSEY ENGINEERING, INC...... 1417 W. MAIN ST. -SUITE 100 -CARROLLTON, TEXAS 75006·6912 (972)
245-9478 -FAX (972) 245·7087 Mr. Tholnas ll. Keen August 30, 2004 Looper, Reed and McGmw, AUomE>YS Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 Re: Mrs. Pat Millikan, Resident
14905 Lake Forest Drive HE: 0407.05 Phone: 214-237-6351 Fax: 214-953-1332 Attorney Client Privilege Dear M. Keen, On August 16, 2004, topographical survcy rcadings wcrc takcn at 14905
Lake Forest, Addison, Texas. Since the construction ofthe housc to the south, the resident stated there was a history offlooding at the lower back porch and pool area and ofwater ponding
along thc front side ofthe house. A level loop was used to take spot grade elevations at approximately 50-foot intervals. The readings corumned the problem drainage areas the resident
described. The ponding along the house in the front yard is due to a low-lying area just in front ofthe house and east afthe entry steps to the front door. This area should be recontoured
ensuring drainage away from the house and channeled toward Lake Forest Drive. The tlooding occurs in the hack on the lower porch and pool area and inside the lower level ofthe house.
It is caused by a raised area or berm and defined by a cross-tic * rctaininil WIIll on t(,,. sOlJth side ofthe backyard that deflects run-offwater tOWilTd tb$l 􀁬􀁾􀀧􀁾􀁡􀁴􀁥􀁲then skirts
around a small stone wall and under a wood deck. where it !ben falls onto the lower porch and pool area. PI.ANNING SURVIiYfNGSTRUCTURAL CIVIL 
· Aug":30-04 OZ:49P Pete ·'ennessey 97-245_7067 P_OZ Recent improvements to the property to the south have included a stone retaining wall with multiple 2" drain holes that drain waler
pooled up against the waiL There arc approximately 34 ofthcse drain holes, about 5 to 8 feet apart from each other, along a majority ofthc wall These plpes eed rull-off water from the
elevated propelty to the south onto the surveyed property, increasing the amount of run-off wat on the properly and the chances of flooding. ossiblc solutions to this problem would be
to construcl Swale 1 beglllIl.lIlg at the southwest corner of the house and running northwest below the cross-tie wall and intersecting with the swale on tile west side oflhe property
tnat leads to a box inlel in the northwest comer ofthe property. This Swale 1 would channel the water from the adjoining property to the south. A secondary swale, Swale 2, should be
constructed south ofthe stone retaining wall and running parallel with the wall in a northwesterly diTection and tuming nortb after clearing the steps ofthe wooden deck. This Swale 2
would intersect the inlets along the north boundary line.It is also recommend to extend the stone retaining wall past the wood deck, which would further ensure drainage away from the patio area. There arc 42'x2' gmte 􀁩􀁮􀁬􀁥􀁴􀀮􀁾􀀠along
the fence on the north s· ofthe property that handle the drainage from the south. The drains an with leaf and grass clippings, which must Some ofthe grading problems appear 10 he preexisting
prior to the improvements ofadjoining property to the south of the site. However, the drainage problems have -# multiplied in their severilydue to the redirection onhe volume of water
from the improvements on the south adjoining property. 
􀀧􀁁􀁕􀁾􀀭􀀺􀁓􀁏􀀭􀀰􀀴􀀠02: 50P Pete '1ennessey 245.7067 P. 03 i1:l :'. ifXtf.' IJOK It/LEt" 􀁙􀁾􀀡􀁾􀀡􀁊􀁾􀀮􀁦􀁦􀀽􀀬􀁔􀁅􀁴􀀵􀀭􀀧\t::::=-_==..'..::=-_______...... __􀁉􀀭􀁲􀀰􀁾􀀠􀀭􀀮􀀺􀀮􀀻􀀻􀀺􀀺􀁾􀁾􀀡
.,/"' 􀁐􀁾􀁐􀁯􀁳􀁡􀁐\L" ./' \. 5WIH.e 2 /. 􀁾􀁉􀁾__JI 􀁾􀀩􀀠. 􀁾􀁓􀀺􀀱􀀶􀀢􀀭􀁾􀀻􀀧􀀶􀀠b .,q'f, 5"2 . r ., -.....; 􀀧􀁾􀀭􀀭􀀭􀀺􀀮􀀢􀀧􀀽􀀧􀀷􀁸􀀭􀀺􀀭􀀭􀀫􀁬􀀢􀁦􀀧􀀭􀀮􀀻􀀻􀀺􀀺\ f\: >"-IfI.fD
. 1-.' '. r 􀁾􀀭Iff f \ 􀁜􀀯􀁾􀀧􀀱􀀢􀀮􀀲􀁦􀁆􀁢􀀬􀀬􀀬􀀠I 􀀧􀀯􀁾􀀠q5 ___ 􀀧􀁾􀀠w.. ""'-., 7.TS-n:--..:;: . '19·2' ,---', . t=='F:::;:. IH2 1 I i i i . 'Ifl1 ! TW· [ Q6.87 I 11" i ! ·1
t -I/􀁲􀁱􀂷􀀬􀁾􀂷􀀠----.-__ t---'1 -1--I ,!0;-'1: , i -. -+-... , l MVL'l'j 􀁐􀁾􀁅􀀠. -/Nt -103.6 ! 
Aug-30-04 02: SOP Pete -1ennessey 􀁾􀁉􀁩􀀠T>O $LfjPt;S 1<> Z O· 􀁾􀁩􀁬􀁪􀁪􀁩􀁅􀀠$tH (1" .. _u".. 􀀬􀀮􀁾...__.. pc, -3-g' )'TU(O 􀁗􀁾􀁌􀁌􀀠yo \. ......._---._-,_._---s -I _Y!Ol.6fJ --5·
v W􀁾􀀠SURE -" I, .m·· 1=7.0 , 
P.02 􀁓􀁥􀁰􀀭􀁾􀀵􀀭􀀰􀀴􀀠11:40A Pete 􀀧􀁾􀁥􀁮􀁮􀁥􀁳􀁳􀁥􀁹􀀠97, 245.7087 Peter F. Hennessey, P.E. CEO Bachelor ofEngineering, University ofQuecnsland, Australia Graduate Engineering,
University ofTexas at Arlington Masters ofBusiness Administration, North Texas State University p Relevant Qualifications -Registered Professional Engineer Registered Public Surveyor
Over 30 years of experience in the stmcturaJ engineering design of residential, commercial, industrial, and institutional buildings, as well as civil engineering design and site development
related to subdivisions and municipal projects localed in the North Texas area. Actively involved in Value Engineering 10 ensure clients obtain the most cost· effective design fOT their
projects incfuding developmcllt ofeconomical construction techniques. Responsible for the supervision ofengineers. designers, draftsmen, and survcyors in the production ofdcsign calculations,
specifications, and contract documents. Extensivc experience in the cvaluation of soils reports, preparation of cost eSlimates, checking shop drawings, and conducting field inspeclions
for existing structures as well as projects under construction. p Related Experienec Structural Projecls include: -MetroPort Office Bldg., 11 story, 150,000 sq. It., post-tensioned concrete,
Trving, TX La Sierra Office Bldg., 4 story, 58,800 sq. ft., post-tcnsioned concrele, Dallas, TX Market Swet West, 5 story office retail remodel, 160.000 sq. fl., 􀁄􀁡􀁬􀁬􀁡􀀮􀀮􀁾􀀬􀀠TX.
Strait Lane Residence, 50,000 sq. It. Dallas, TX Bedford Savings Association, 4 story, 41,000 sq. ft., structural steel, Be(lford, TX Rellller-Frankfurd Library, 24,000 sq. ft., Dallas,
TX RHD Medical Cenler, 3 story, 50,400 sq. ft., structural sleel, Farmcrs Br.mch, TX Forcst Green, 5 story concrete office, 100,000 sq. ft., with pre-cast concrcte parking garage, Dallas,
TX Western Extrusion, 150,000 sq. ft. manufacturing facility, Carrollton, TX Civil Engineering projects include: -Ea:.1 Meadows residential subdiVision, 96 acres, Mesquite, TX Thorough
Bred Hills, residential subdivision, 32 acres, Dunc<lIlville, TX. -.Indian Hills Golf Course, 412 acres, construction cngineering, City of Carrollton, Carrollton, 1'X -LakeridgcDevelopnlent,
150 acres, Waxahachie, TX H:\t"'LE\reiumes\pete\resumeyale.doc 
___ __ __ __ 69/16/2004 11:34 GRANTHAM PAGE 62/04 􀁾􀁾􀁾􀁾________________􀁾________􀁇􀁾􀁲􀁡􀁟􀁮􀁟􀁴􀁨􀁡Itl &As􀁓􀁟􀁏􀁟􀁃􀁩􀁟􀁡􀁟􀁴􀁥􀁟􀁳􀁾􀀧􀁟􀁉􀁟􀁮􀁾􀁾􀀮􀀠[Rg1[Q) September 10, 2004
Mr. Steve Chutchian, P.E. Town ofAddison 16801 Westgrove Drive PO Box 9010 Addison, TX 75001·9010 Re: J4905 Lake Foxesl Drive Lot SUlvey Proposal for Surveying Services Dear Mr. Chutchian:
Pursuant to your request, Grantham & Associates, lnc. (G&A) has prepared this proposal for surveying services at 14905 Lalce Forest Drive. The scope of services for this project is being
proposed in two phases as outlined below: Scope ofServices phase I -Lot Survey This phase ofthe project will set down the lot and the existing easements, as well as determine the location
of tM drainage structures. The following details the scope to be performed during this phase. • Project control will be establisbed on tbe site. Per the Town's request. G&A will be setting
lOCal control on this lot. The su\Vey will not be tied into the Town's control 􀁳􀁹􀁳􀁴􀁥􀁲􀁮􀁾􀀠• The property COl'llers for 14905 Lake Forest Drive will be located and surveyed. •
The existing drainage structures along the rear lot 􀁬􀁩􀁮􀁾􀀠will be field surveyed. • The Town wlll supply the subdiVision plat, which O&A will review. • G&A will prepare a detailed
exhibit incolporating the above information. Phase 2 -To!,ographicLot Survey G&A will perform II complete topographic survey of the property. The following details the scope to be perfonned
during this phase. • This phase assumes that Phase I has been completed or is completed simultaneously. • 􀁄􀁾􀁡􀁩􀁮􀀮􀁧􀁥􀀠patterns on the property and deck will be established through
surveyed elevations. • Alllrees on the property will be tied down. • The house will be located, including the deck and all downspouts. • The topographic information will be incorporated
into the detailed exhibit described in Phase 1. Scbedule The required field work will be completed betwcOD September 20'" and September 24"', as previously directed. All deliverables
will be submitted to tbe Town within one week of completing the field work. 1919 S, Sh60h RQad, Suita 310. L.S. 8 .. Garland, Te)(t:lS 15042 Tal. (972) 864-2333 • Fox (972) 864·2334

09/10/2004 11:34 9728642334 GRANTHAM PAGE 03/04 Mr. Steve Chutcbian Septemher 10, 2004 Page 2 Exhibit A oontail1!l a manhour estimate and cost proposal fur the surveying services. The
following is a summary orthe rees described in Exhibit A: Phase 1-Lot Survey S 1,450 Phase 2 -Topogrnpbic Survey $ 2,100 Project Expenses " 200 Total Fee: S 3,750 As'lImptioll5 The following
assumptions have been made in preparing this proposal: • The Town will supply the subdivision plat and drainage plans. • Phase 2 assumes that Phase 1 bas been completed or is being completed
simultaneously. • All field work must be completed the week of Septembet 20, 2004. • The Town will provide the field crew with the authority necessary to enter the property. This may
include Town staff on-site to insure that there is not disruption by the property owner of the work to be perfonned Jf you have any questions abollt this proposal, please contact me.
AKCibg 
09/10/2804 11:34 9726642334 GRANTHAM PAGE 04/84 PROPOSED MANHOURS/COSTS TOTAL COST 1: Tie Down Lot, Easements, Set Project Control 1 1 $ 190.00 Property Corners I Drainage Slructures
4 4 $ 160.00 Research Subdivision Plat 1 $ 100.00 Property Exhibit 2 4 $ 400.00 4 2: Complete TopogrlJphlc Survey of I Survey of l.ot 2 4 4 10 $ 1,700.00 Property Exhibit 1 6 $ '1'00.00
DATE: September 10,2004 Notes: 1. Survey mllst be performed between September 20 and September 24. 2. The Town will furnish !he sUbdivision plats within the project limits. 3. A 􀁤􀁩􀁧􀁾􀁡􀁬􀀠copy
oftne topographic sUlVeywili be submitted to the Town of Addison. 4. The cost to complete Phase 2 assumes !hat Pl'Iase 1 has been completed or is being penormed simultaneously. Lake
ForQst Survty.xls SI1QIQ4 
TOWN OF ADDISON PUBLlCW RKS TO:__L-.:.=---_-..,J.____ Company: 􀀬􀁦􀁌􀀮􀀻􀁾􀀠 FAX#: ZtY7qftP9'Z/Date: <1 -/0 -tJ,c No. of Pages(including cover):1 From: Michael E. Murphy, P.E. Director
of Public Works Office: 972/450-2878 Fax: 972/450-2837 16801 Westgrove P.O. Box 9010 Addison, TX 75001-9010 .... 􀁾􀀭􀀭􀀮􀀠 
HP LaserJet 3200se inventHP LASERJET 3200 SEP-10-2004 4:42PM Fax Call Report Job Date Time Type Identification Duration Pages Result 951 9/10/2004 4:4l:09PM Send 92147060921 1:29 4 OK
Michael e, Murphy. PJL Dlracwrof PubUc Works Office: 9721450·287B fax: 9721450·2837 16801 We!ltgrove P.O. SOX 9010 Atid-lsoR. IX 7500109010 
1450 Meadow Park Bldg., LB 702 10440 N. Central Expressway Dallas, Texas 75231 214-706-0920 214-706-0921 (FAX) August 26, 2004 Court Cler 6th Judicial District Court erce Street, Suite
693 , Texas 75202 600 Co A Pl'QfessionaI CoJ;"pOrafion Re: Pat Milliken v. Town ofAddison, et a/Cause No. 02-4715-F File No. 607-066 Dear Court Clerk: Enclosed please find the original
and one (1) copy of Town of Addison's Supplement to its Amended Motion to Exclude or Limit Expert Testimony. Please file the original and return a file-marked stamped copy of the enclosed
back to me in the self-addressed stamped envelope provided herein. Should you have any questions, please do not hesitate to contact me. Thanking you in advance for your time and attention,
Sincerely, \ alker istant to Robert F. Maris Enclosure 
COURT CLERK August 26, 2004 PAGE 2 cc: Thomas H. Keen LOOPER REED & MCGRAW, P.C. 4100 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 VIA CERTIFIED MAIL NO. 7003 1680000428736935
(w/encl.) Zach T. Mayer FEE SMITH SHARP & VITULLO, L.L.P. One Galleria Tower 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 VIA REGULAR MAIL (w/encl.) J. Robert Miller, Jr. MILLER &
BROWN, L.L.P. 400 South Ervay Street Dallas, Texas 75201-5513 VIA REGULAR MAIL (w/encl.) 
COURT CLERK August 26, 2004 PAGE 3 bcc: Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.O. Box 149194 Austin, Texas 78754 (wfencl.) Ken Dippel Cowles & Thompson 901
Main Street, Suite 4000 Dallas, TX 75202 (w/encl.) j Michael Murphy, P.E. Lynn Chandler Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 (wfencl.) 
CAUSE NO. 02-4715-F PAT MILLIKEN, Plaintiff, v. TOWN OF ADDISON, THE PRESTON GROUP DESIGNERS AND BUILDERS, WILLIAM LONG, PRESTON HOMES, INC. and JON B. COLEMAN, Defendants. § IN THE
DISTRICT COURT § § § § § 116th JUDICIAL DISTRICT § § § § § § DALLAS COUNTY, TEXAS TOWN OF ADDISON'S SUPPLEMENT TO ITS AMENDED MOTION TO EXCLUDE OR LIMIT EXPERT TESTIMONY TO THE HONORABLE
JUDGE OF SAID COURT: COMES NOW Defendant Town of Addison ("Addison") and files this supplement to its amended motion seeking to exclude or limit the expert testimony of persons designated
by Plaintiff Pat Milliken ("Plaintiff'). In support of this Motion, Addison respectfully shows this Honorable Court the following: I. 1 . Addison attaches the First Amended Affidavit
of Robert F. Maris and incorporates same into the Town ofAddison's Amended Motion to Exclude or Limit Expert Testimony as if fully set forth therein. This Amended Affidavit is intended
to replace the Affidavit of Robert F. Maris attached to Addison's Amended Motion to Exclude or Limit Expert Testimony as Exhibit "C." TOWN OF ADDISON'S SUPPLEMENT TO ITS AMENDED MonON
TO EXCLUDE OR LIMIT EXPERT TESTIMONY PAGE 1 
II. Prayer WHEREFORE, premises considered, Addison respectfully requests that this Honorable Court enter an order granting Addison's Motion to Exclude Expert and striking Plaintiffs
Experts from testifying as an expert in this matter or, in the alternative, limiting their testimony as appropriate and for any and all other relief to which Addison may show itself
justly entitled. Respectfully submitted, MARIS & LANIER, P.C. 􀁾􀀠State Bar No. 12986300 Marigny A. Lanier State Bar No. 11933200 Michael J. McKleroy, Jr. State Bar No. 24000095 1450
Meadow Park Building 10440 N. Central Expressway Dallas, Texas 75231 214-706-0920 telephone 214-706-0921 facsimile ATTORNEYS FOR DEFENDANT TOWN OF ADDISON TOWN OF ADDISON'S SUPPLEMENT
TO ITS AMENDED MOTION TO EXCLUDE OR LIMIT EXPERT TESTIMONY PAGE 2 
CERTIFICATE OF SERVICE This is to certify that a true, correct and complete copy of the foregoing instrument has been served in accordance with Rule 21 a of the Texas Rules ofCivil Procedure
on the 26th day of August, 2004, to: Thomas H. Keen LOOPER REED & MCGRAW, P.C. 4100 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 VIA CERTIFIED MAIL RECEIPT NO. 7003 1680 00042873
6935 Zach T. Mayer FEE SMITH SHARP & VITULLO, L.L.P. One Galleria Tower 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 VIA REGULAR U.S. MAIL J. Robert Miller, Jr. MILLER & BROWN, L.L.P.
400 South Ervay Street Dallas, Texas 75201-5513 VIA REGULAR U.S. MAIL 607.066Iexclude-supp.mln.wpd TOWN OF ADDISON'S SUPPLEMENT TO ITS AMENDED MOTION TO EXCLUDE OR LIMIT EXPERT TESTIMONY
PAGE 3 
EXHIBIT "C" 
CAUSE NO. 02-4715-F PAT MILLIKEN, § IN THE DISTRICT COURT § Plaintiff, § § v. § § 116th JUDICIAL DISTRICT TOWN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG,
PRESTON HOMES, § INC. and JON B. COLEMAN, § § Defendants. § DALLAS COUNTY, TEXAS FIRST AMENDED AFFIDAVIT OF ROBERT F. MARIS STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned
Notary Public, personally appeared the person known to me to Robert F. Maris who, upon being duly swom, upon his oath deposed and stated the following: 1. "My name is Robert F. Maris.
I am more than eighteen (18) years of age, have never been convicted of a crime involving moral turpitude and am otherwise competent to provide an affidavit. The facts contained within
this affidavit are within my personal knowledge and are true and correct. 2. I am currently an attorney employed by Maris & Lanier, P.C., the law firm representing Defendant Town of
Addison ("Defendant") in the above-styled and -numbered cause. I have represented Defendant in this this case since the suit was filed. 3. On or about July 15, 2004, Plaintiff Pat Milliken
("Plaintiff) forwarded the documents Bates labeled CRUM 00001 through 00633. A true, correct and complete copy FIRST AMENDED AFFIDAVIT OF ROBERT F. MARIS PAGE 1 
of a portion ofthose documents that are referenced in Town of Addison's Amended Motion to Exclude or Limited Expert Testimony is attached to the said Motion as Exhibit "C-1 ," and made
a part herein by reference. These documents were produced pursuant to an agreement made during the Deposition of Clyde Crum to produce a list of cases in which he had testified for the
last five (5) years, his appraisal log to the extent that it reveals prior appraisals given showing stigma damages and literature supporting his opinions of diminution of value, specifically
the stigma or the buyer psychology damages, given in the course of his deposition. Upon reviewing the documents produced, I was able to determine that all that has been produced is an
appraisal schedule, including the appraisal of Plaintiffs property, copies of correspondence between Crum and Plaintiff or Plaintiffs attorney, another copy of the appraisal and the
literature. The list of testimony was not produced. FURTHER AFFIANT SAYETH NOT. ROBERT F. MARIS MARIS 􀁴􀁊􀁾􀁾􀁅􀁄AND SUBSCRIBED TO BEFORE ME, the undersigned Notary Public, on the _oP_'1
􀁤􀁾August, 2004. ubhc in and for ate of Texas FIRST AMENDED AFFIDAVIT OF ROBERT F. MARIS PAGE 2 
Sent by: ARS ENGINEERS INC 2147393169; 08/25104 4:45PM;#880; Page 213 Ciyil Engineering _ PlDnninc • 􀁓􀁕􀀱􀀧􀁊􀀾􀁾􀁹􀁴􀀢􀁧􀀠August 24, 2004 Mr. Steve Chutchian Town of Addison 16801
Westgrove Drive Addison, Texas 7500 I Re: Proposal for Surveying Services Lots I B and 2, Milliken Addition Addison, Texas Dear Mr. Chutchian: ARS Engineers, Inc. is pleased to present
this proposal for surveying services. We understand the site is located on Lake ForsetDrive and involves Lots IB and 2 ofthe Milliken Addition. Summarized below is our proposed scope
of work, followed by our fee proposal. SCOPE OF WORK. Task I -Prepare an exhibit indicating the location of existing drainage facilities located along the west line ofLoIs 1B and 2 in
relation 10 the lot line and 5 foot wide drainage easement 1. Field locate the property lines 2. Field locate surface drainage structures 3. Uncover and field locate the existing stann
sewer pipe every 25 feet along the route across Lot 2, special attention will be given to locating the the pipe at bends 4. Prepare an exhibit (11 x J 7 or larger) showing the lot line,
drainage easement and existing drainage facilities 5. AU work wi II be perfonned under the direct supervision of a registered public land surveyor Task 2 -In addition to Task I, prepare
a detailed topographic survey ofLot 2 I. Transfer a benclunark to the site from a nearby Town ofAddison monument 2. Field locate all surface features including, fences, trees, building,
drives, walks, pool, staus, steps, downspouts, other drainage features, rwflInes 3. Field locate ground elevations 4. Prepare a detai led topographic contour map indicating all above
ground improvements and the drainage facilities from Task 1 with contours not to exceed one foot interval. Spot elevations mIl be provided, when !reeded to describe the direction offall"
ConJuiling 􀀮􀁴􀀮􀁴􀁴􀁾􀁪􀁮􀁴􀁲􀁣􀀺􀁲􀁊􀀠5910 N. Central Expressway. Suite 1000 • Dallas, Texas 75206 • Phone (214) 739·3152 • Fax (214) 739-3169 􀁥􀁾􀁭􀁡􀁩􀁬􀀺􀀠mail@arsengrs.com_website:www#arsellg
r.s.com 
S•.nt by: ARS ENGINEERS INC 2147393169; OS{25{04 4:45PM;#8S0; Page 3/3 l..IIA"'trC Mr. Slelle Chutchian 􀀯􀁖􀁉􀁾􀁫􀀢􀀠Page 2 Lois 1 B & 2. Milliken Addition 􀀱􀀩􀁾􀀠AuguS124. 20!)4 􀁾􀀨􀀩􀀠􀀱􀁏􀁾ARS
proposes to perfonn the work beginning Septemb 13,2 . Completion of the exhibit for Task I will be completed by September 24, 2 and completion of tile topographic map will be completed
by October I, 2004. We propose to perfonn the work on a lump sum basis per the following schedule: Taskl $3,950 Task 2 $4,950 Total $8,900 Task I can be authorized singularly without
Task 2. However Task 2 requires authorization of Task 1 also. We have provided separate authorizations below. Please feel free to call if you have any questions. Sincerely, ARS Engineers,
Inc. .Jrddb 􀁾;s. ....r.b Ayub R. Sandhu, P.E., R.P.L.8. President Task 1 Authorization to Proceed Sign Date Printed Name & Title Task J & 2 Authorization to Proceed Sign Date Printed
Name & Title 
HP LaserJet 3200S8 HP LASERJET 3200 invent AUG-26-2004 9:21AM Fax Call Report Job Date Time Type Identification Duration Pages Result 733 8/26/2004 9:20:26AM Send 912147060921 1:09 3
OK TOWN OF ADDISON To. Amy Ululkb-Company: M...,. (W/(tZ... , FAX" 􀁾􀁲􀀭􀀷􀁐􀀧􀁾􀁾􀀱􀀠D,'" lft'/"i No. (lrpagu (hu:ludill$ C1.Wef):_''-!'''_ PUBLIC WORKS FrOM: Pbone: 􀀹􀀷􀀱􀀱􀀴􀀵􀀰􀁾􀀠Fax:
9'1lf4S().2837 16801 Westgrove P.O. BIU 9\)10 AdaiJon. TX 75001--9010 
214 7M 0921 AUQ·20·Q4 .11 :30AM; PAGE 1/4SENT SY: Maris & Lanier 1450 Meadow Park Bldg., LB 702 10440 N. Central Expressway Dallas, Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER
TO ADDRESSEE IMMEDIATELY Date: August 20, 2004 To: Rickey Garen Via Telecopier Number: (5121491-23§6 To: Ken Dippel Via Telecopier Number: (214)§72-2020 To: Mike Murphy Via Telecopier
Number: (972)450-2837 From: Amy L. Walker Legal Assistan! Direct Phone Number (214) 706-0922 Direct Telecopier Number: (214) 706-0921 Pages: Cover + 3 IF YOU DO NOT RECEIVE ALL PAGES,
PLEASE CALL Debbie at: 214-706-0920 Re: File No. 607-06§; Pat Milliken y, Town of Addison Message: See attached proposed Rule 11 Agreement. _ Original will follow by mail _x_ Original
will NOT follow by mail The Information contained in thie facalmlle meange is attorney privileged and conlldentlal Information Intended only for the U8e of the iIIdividual or entity
named above. If the reader of thie mellSage is nol thelnlended recipient, you ant hereby notified that any any unauthorized dissemlnatlon, distribution or copying of this communication
ie strictly prohibited, If you have ,eceived thl$ communication in error, pieaae immediately notlly UII by t&lephone althe numbe..listed. Thank you. 
214 7M 0921 AUQ·20·04.11 :SOAM; PAGE 214SENT BY: Maris & Lanier 1450 Meadow Park Bldg., LB 702 10440 N. Central Expressway Dallas, Texas 75231 214-708·0920 telephone 214-706·0921 faceimile
214-706-0927 direcldia( MICHAEL J. MCKLEROY, JR. August 20, 2004 VIA FACSIMILE Thomas H. Keen LOOPER REED & MCGRAW 1601 Elm Street, Suite 4100 Dallas. Texas 75201 Re: Pat Millikan v.
Town ofAddison, at al Cause No. 02-4715·F in the 116th District Court, Dallas County File No. 607.066 Dear Tom: I am in receipt of your leiter dated August 19. 2004 concerning the Motion
to Compel and Motion for Entry Upon Land. According, this letter will serve as a Rule 11 Agreement with respect to both, By signing below, you are agreeing to the Motion for Entry Upon
Land, including the date, time, scope of the inspection. and manner oflhe inspection. Further, Plaintiff agrees by Signing this Rule 11 Agreement, to supplement its discovery responses
no later than August 30, 2004, Upon receipt of your signature to this letter, I wilt cancel the hearing an Defendant's Motion to Compel. Thanking you in advance for your time and attention.
Sincerely, MARIS & LANIER. P.C. Michael J. McKleroy, Jr. AGREED TO BY: Tom Keen, Counsel for Plaintiff 
214 706 0921 AUG·20·04 11 :SlAM; PAGE 3/4SENT BY: co; Zacll T. Mayer Fee, Smith. Sharp & Vitullo, l.L.P. One Galleria Tower 13355 Noel Road. Ste. 1200 Dallas, Texas 75240 VIA FACSIMILE
J. Robert Miller, Jr. MILLER & BROWN. L.l.P. 400 South Ervay Street Dallas, Texas 75201·5513 VIA FACSIMILE 
214 708 0921 AUG·20·04 11 :91AM; PAGE 4/4SENT BY: bee: Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.O. Box 149194 Austin. Texas 78754 VIA FACSIMILE Mike Murphy Lynn
Chandler Public Works Department Town of Addison P.O. Box 9010 Addison. Texas 75001 VIA FACSIMilE 
Maris & Lanier A Pl'Ofc,.ional Corpor .. tion 1450 Meadow Perk Bldg., LB 702 10440 N. Central Expressway Dallas, Texas 15231 TElECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY
Date: August 20. 2004 To: Rickey Garen Via Telecopier Number: (5121491-2366 To: Ken Dippel Via Telecopier Number: (214)672-2020 To: Mike Murphy Via Telecopier Number: 􀀨􀀹􀀷􀀲􀀩􀀴􀁾􀀰􀀭􀀲􀁡􀀳􀀷􀀠From
: Amy l. Walker. legal AsSistant Direot Phone Number (214) 706-0922 Direct Telecopier Number: (214) 706.0921 Pages: Cover + 􀁾􀀨􀀩􀀠IF YOU DO NOT RECEIVE All PAGES, PLEASE CALL Debbie
at: 214-706-0920 Re: File No. 607-066: Pat Milliken v. Town of Addison Message: See attached Motion to Compel, Motion for Entry Upon Land. Notice of Hearing. _ Original will follow by
mail _x_ Original will NOT follow by mail The Information contained in this facsimile message III attorney privileged lind confidential Information Intended onlv for the use of the IndiVidual
or entity named abOve. If Ihe reader of this men.ge III not lhe Intended rsclplent, you are hereby notified that any unauthorized dls,emlnatlon, dlstl1butlon or copying of thla communication
Is slrlctly prohibited. If you have received this communicatIon In error, plNstlmmediately notify us by lelephone at the numbel'8lteted. Th8nk you. :A9 J.N3S 
Maris & Lanier 1450 Meadow Park Bldg., LB 702 10440 N. Central Expressway Dallas. Texas 75231 214-706-0920 telephone 214-706-0921 facsimile August 1 B. 2004 VIA CERTIFIED MAil NO. 7003
1680 0004 28736959 Thomas H. Keen LOOPER REED & MCGRAW 1601 Elm Street. Suite 4100 Dallas, Texas 75201 Re: Pat Milliken v. Town ofAddison, et aI Cause No. 02-4715-F in the 1161h District
Court, Dal/as County File No. 607-066 Dear Tom: Enclosed please find the Request for Entry Upon Land. Should you have any questions, please contact me at the number listed above. Thanking
you in advance for your time and attention, Sincerely. Enclosure cc: Zach T. Mayer Fee, Smith, Sharp & Vitullo. LLP. One Galleria Tower 13355 Noel Road, ·Ste. 1200 Dallas. Texas 75240
VIA REGULAR U.S. MAIL (w/encl.) I"e 􀀳􀁾􀁖􀁤􀀠
J. Robert Miller, Jr. MILLER & BROWN, L.L.P. 400 South Ervay street Dallas, Texas 75201-5513 VIA REGULAR U.S. MAIL (wfencl.) :AE J.N3S 
bee: VIA FACS1M1L.E NO. 512491·2366 Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.O. Box 149194 Austin, Texas 78754 (wfencl.) VIA FACSfMlL.E NO. 972-450·2831 Mike
Murphy Lynn Chandler Public Works Department Town of Addison P.O. Box 9010 Addison, Texas 76001 ""Mike, can you forward a copy of the Request for Entry Upon Land to the surveyor so they
will know the date, time, and location? Thanks. 
CAUSE NO. 02-4715-F PAT MILLIKEN. § IN THE DISTRICT COURT § Plaintiff. § § v. § § 116th JUDICIAL DISTRICT TOWN OF ADDISON. THE PRESTON § GROUP DESIGNERS AND BUILDERS. § WILLIAM lONG.
PRESTON HOMES. § INC. and JON B. COLEMAN. § § Defendants. § DALLAS COUNTY. TEXAS REQUEST FOR ENTRY UPON LAND TO: Pat Milliken, by and through her attorney of record, Thomas H. Keen,
looper Reed & McGraw, p.e., 4100 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201. COME NOW, Defendants, Town ofAddison ("Addison"), The Preston Group Designers and Builders
C'Preston Group"), William Long ("Long"), Preston Homes, Inc. ("Preston Homes"), Jon B. Coleman ("Coleman") and Legacy Bank of Texas ("Legacy Bank") (collectively "Defendants") and request
that they be allowed to enter upon land, including improvements, owned by Plaintiff Pat Milliken ('PlaintifF) pursuant to T.R.C.P. Rule 1£l6.7. The particulars of this request are as
follows: 1. Place: 14905 Lake Forest Drive. Addison, Texas 75001 ("Property"), including entry into thejmprovements contained on the Property. 2. Time; September 24, 2004 at 1:00 p.m.
3. Manner: The following individuals will be present at the inspection: Michael Murphy, Robert F. Maris, Michael J. McKleroy, J. Robert Miller, Jr.. Zach Mayer. Mark Roberts and ARS
Surveyors. REQUEST FOR ENTRY UPON LAND PAGE 1 :1.8 􀁊􀀮􀁎􀁾􀁓􀀠
4. Purpose/Sc:ope: Defendants requestthat they be permilled to enter upon, inspect. measure, survey and photograph the property located at 14905 Lake Forest Drive, Town of Addison, Dallas
County, Texas. Specifically, Defendants intend to survey the backyard and lower level of Plainliff's property for the following purposes: 1) determine whether or not the drainage system
Installed by the Addison exceeds the drainage easement on Ihe west end of Plaintiffs lot; 2) determine elevations in the backyard of Plaintiff's lot to determine Ihe drainage pattern.
The surveyor will run elevations to determine whether or nol· there is anything that the Addison or the builder Defendants did that are currently creating flood problems on Plaintiff's
property in the backyard: and 3) view and photograph the addillonal damage caused to the lower level of Plaintiff's property. 5. Response to Request: Plaintiff is requested to file a
written response to this request within 30 days after service ofthe request pursuant to T.R.C.P. P. Rule 196.7(c). Respectfully submitted, MARIS & LANIER, P,C. Robert F. Maris State
Bar No. 12986300 Marigny A. Lanier State Bar No. 11933200 Michael J. McKleroy, Jr. State Bar No, 24000095 1450 Meadow Park Building 10440 N. Central Expressway Dallas. Texas 75231 214-706-0920
telephone 214-706-0921 facsimile ATTORNEYS FOR DEFENDANT TOWN OF ADDISON REQUEST FOR ENTRY UPON LAND PAGE 2 􀀱􀁾􀀶􀀰􀀠eo! VfG 
CERTIFICATE OF SERVICE This Is to certify that a true and correct copy of the foregoing Instrument has been selVed in accordance with Rule 21a of the Texas Rules of Civil Procedure on
August 18, 2004 to: Thomas H. Keen looper Reed &McGraw, P.C. 4100 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 VIA CERTIFIED MAIL NO. 7003 1680 0004 2873 6959 Zach T. Mayer
Fee, Smith, Sharp & Vitullo, L.L.P. One Galleria Tower 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 VIA REGULAR U.S. MAIL J. Robert Miller, Jr. MILLER &BROWN, L.L.P. 400 South ElVay
Street Dallas, Texas 75201-5513 VIA REGULAR U.S. MAll Robert F. Maris REQUEST FOR ENTRY UPON LAND PAGE 3 
, . Maris & Lanier 1450 Meadow Park Bldg., LB 702 10440 N, Genlral Expressway Dallas, Texas 75231 214-706-0920 telephone 214-706-0921 facsimile August18,2004 VIA CERTIFIED MAIL NO, 1003
1680 0004 2873 6959 Thomas H, Keen LOOPER Reeo &MCGRAW 1601 Elm Street, Suite 4100 Dallas, Texas 75201 Re: Pat Millikfm v, Town ofAddison, at al Causa No, 02-4715-F In the 116th District
Court, Dallas County File No. 607·066 Dear Tom: This letter is to advise you that a hearing has been scheduled for Defendant Town ofAddison's Motion 10 Compel for August25, 2004 beginning
at 2:30 p.m. before Judge Sims, Room 354. Should you have any questions, please contact me allha number listed above, Thanking you in advance for your time and attention, Sincerely,
Walker ssistantto Michael J. McKleroy, Jr. cc: Zach T. Mayer Fee, Smith, Sharp & Vitullo, LLP. One Galleria Tower 13355 Noel Road, Ste, 1200 Dallas, Texas 75240 VIA REGULAR U.S. MAIL

J. RobertMiller, Jr. MILLER & BROVVN, L.L.P. 400 South Ervay Street Dallas, Texas 75201-5513 VIA REGULAR U.S. MAIL Court Clerk, 1161h Judicial District Court 600 Commerce Street, Suite 693 Dallas,
Texas 75202 􀁾􀁮􀁶􀁡􀁳􀀺􀁯􀁾􀀠􀁾􀁯􀀧􀁯􀁾􀀧􀁯􀁮􀁶􀀠􀁾􀀠:Aa .LN3S 
bee: VIA FACSIMILE NO. 512491·2366 Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.O. Box 149194 Austin, Texas 78754 VIA FACSIMILE NO. 972450.2837 Mike Murphy Lynn
Chandler Public Works Department Town of Addison P.O. Box 9010 Addison, Texas 75001 
) Marls & Lanier 1450 Meadow Park Bldg,. LB 702 10440 N, Central Expressway Dallas. Texas 75231 214-706-0920 214-706-0921 (FAX) August 18, 2004 VIA HAND DeliVERY Court Clerk, 11Slh Judicial
District Court 600 Commerce Street, Suite 693 Dallas, Texas 75202 Re: Pat Milliken v. Town 01 Addison, at a/Cause No, 02-4715-F File No. 607-066 Dear Court Clerk: Enolosed please flnd
the original and one (1) copy of the following: 1. Town of Addison's Motion to Compel; and 2. Order on Town of Addison's Motion to Compal. Please file the original and set this matter
{or hearing through the courier delivering same. I can be reached at214-706·0922 for questions regarding available dates. Should you have any questions, please do not hesitate to contact
me. Thanking you in advance for your time and attention, Sincerely, alker sistan! to Robert F. Maris Enclosure 􀁦􀁾􀀶􀀰􀀠Sill vf (; 
COURT CLERK AUGUST 18, 2004 PAGEZ cc: Thomas H. Keen LOOPER REED & MCGRAW, p.e. 4100 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 VIA CERTIFIED MAIL RECEIPT NO. 7003 16800004
2873 6959 (wfencl.) Zach T. Mayer FEE SMITH SHARP & VITULLO, L.L.P. One Galleria Tower 13355 Noel Road, Ste. 1200 Dallas, TelCas 75240 VIA REGULAR U.S. MAIL (wfencl.) J. Robert Miller,
Jr. MILLER & BROWN, L.L.P. 400 South Ervay Street Dallas, TaKas 75201-5513 VIA REGULAR U.S. MAIL (w/encl.) :AIl lN3S 
COURT CLERK AUGUST 18, 2004 PAGE 3 bcc; VIA FACSIMILE Mr. Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.O. Box 149194 Austin, Texas 78754 (w/encl.) 􀁾􀀬􀁉􀁩􀀩􀀱􀀠30Vd
:A6 lN3S 
I. CAUSE NO. 02·4715-F PAT MILLIKEN, § IN THE DISTRICT COURT § Plaintiff, § § v. § § TOWN OF ADDISON. THE PRESTON § GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG, PRESTON HOMES, § INC.
and JON B. COLEMAN. § § Derendants. § DALLAS COUNlY. TEXAS TOWN OF ADDISQN'S MOTION TO COMPEL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Defendant Town of Addison ("Addison") and,
pursuant to Rule 215 of the Texas Rules of Civil Procedures. files this motion seeking to compel the reSponses to certain interrogatories and request for production of documents propounded
upon Plaintiff Pat Milliken ("PlaintifF). In support of this Motion, Addison respectfully shows this Honorable Court the following: I. Brief Background 1. Plaintiff has sued Addison.
along with the developers of certain real property adjacent to Plaintiffs property, saeking to recover damages for allegedly laking her property without just compensation andlor negligently
installing a drainage system on her property. Addison has denied that any property has been been taken from Plaintiff and. specifically, that the drainage system is entirely wi.thin
an easement owned by Addison. TOWN OF applSON'S MOTION TO COMPEL PAGE 1 􀁾􀁾􀀶􀀰􀀠SOL 􀁖􀁾􀁇􀀠:AS lN3S 
II. Addison's Discovery Requests 2. Addison has propounded certain interrogatories and request for production of documents to determine: i) what property has been allegedly taken by
Addison; ii) what period of time that property has allegedly been taken: and iii) the fair market or rental value of thai property. to wit: A. Plaintiff's First Set of Interrogatories
No.2 and Request for Production of Documents No.3.' 3. Plaintiff was asked to describe the damages she seeks to recover from Addison. including the totai amount of damages she seeks
from Addison broken down to show each element of damages she seeks from Addison, the dollar amount that she attributes for each element of damages and how Ihe dollar amounl attributed
to each element of damages was calculated. Plaintiff was further asked to produce any and all written documents which underlie or support Ihe damage calculations she set out in response
to Interrogatory No.2, including. but not limited to, Ihe production of documents evidencing: damages suffered by property (real or personal). remediation efforts, diminution of property
value (real or personal), fair market value of property taken, replacement costs of property (real or personal), mental health care andlor physical health care records and any and all
damage calculations or summaries which you have prepared B. Plaintiff's First Set of Interrogatories No. 40 and Requestfor Production of Documents No. 41. 4. Plaintiff was further specifically
asked to identify each and every fact upon t See P1a[nnfrs Responses and Ob}ectloO$ to Addison's First R$QIJMt for Admission!:. Flr"t Set Qr Interrogatories and Fhl Requesl for ProdUdion
of OoGUmems, attaChed hefetc aa Exhibit -A," and made a part hAm!n by reference, PAGE 2 TOWN OF ADDISON'S MOTION TO COMPEL :'\13 J.N3S 
which she relies upon to support her contention !hat Addison took any portion of her property for public use without adequate compensation. including specifically identifying each area
of the property which she contends was taken. Again, Plaintiff was asked to produce any and all written documents evidencing the fact(s) upon which she relies to support her contention
that Addison took any portion of her property for public use without adequate compensation, including each area of her property which she contends was taken. til. Plaintiff's Responses
5. Plaintiff has failed to completely respond to Interrogatory Nos. 2. and 40. and Request for Production of Documents Nos. 3. and 41 .• as set forth above. in that Plaintiff has failed
to specifically identify each area of her property that she contends was taken by Addison, the time period the property was taken and the value oflhe property. In response to Interrogatory
No. 40. Plaintiff simply referred Addison to Plaintiff's pleadings and prior discovery responses. As the only discovery response even coming close to responding to Interrogatory No.
40. was Plaintiffs response to Interrogatory No.2., Addison assumes that the following Is Plaintiff's response to bo!h: "Actual damages include the temporary taking of 5,500 square feet
of Plaintiff's land and the permanent taking of approximately 25 square feet where the drainage inlet extends beyond the existing drainage easement. Further, there is now a somewhat
permanent diagonal, non-consensual easement across Plaintiff's yard and house where Ihe drainage runs." . "According to the builder's asking price for their land and new homes, the land
only is worth $19.00 Isf. The temporary easement was taken for four months. Beyond !he value of the land. however. were the attendant damages Imparted by the TOWN OF ADDISON'S MOTION
TO COMPEL PAGe 3 :Ae .LN3S 
attempted 'fixing' of the property drainage. The peace of Plaintiff's household was shattered throughout that process. The rental value of Plaintiff's house would be approximately $6,000.00
per month." IV. Motion to Compel 6. Prior to the filing of this Motion, counsal for Add!son contacted counsel for Plaintiff requesting that Plaintiff supplement this response in that
it is vague, ambiguous and incomplete ami, as such, fails to provide Addison with adequate notice ofwhat Plaintiff is claiming as being taken, when and at what damage to Plaintiff.2
Plaintiff has not responded to this request. C. Identification of Specific Area that Plaintiff Claims Drainage System Is Outside of Addison's Easement, 7. As stated above, at least part
of Plaintiff'S claim Is that the drainage system installed in Addison's easement is on her property, It seems clear that, at a minimum, Plaintiff is saying that the damages resulting
from the drainage system being outside of Addison's easement is 25 square feet times $19.00 per square feet, for a total of $475.00. However, Plaintiff fails to identify where that 25
square feet Is located. Further, while Plaintiff has not refused to produce documents evidencing this information, none has been provided nor has Plaintiff made a statement that no such
documents exisl. Addison believes that this Information is important to put Addison on notice as to Plaintiffs claims in order to permit Addison to investigate Plaintiff's claims to
determine their veracity and properly prepare its defense to these charges. Z Sa. Juiy 29, 2004 leHer from Mk:hael J, McKlGroy, Jr. to Thomas K"I\, .;attached heretQ. at;; Exhibit 􀁾􀁂􀀺eod
made iJ part I'Iereln by referenc<>, PAGE 4TOWN OF ADDISON'S MOTION TO COMPEL 􀀱􀁾􀀶􀀰􀀠SOL 􀁖􀁉􀁾􀀠 :AS J.N3S 
6, Therefore, Addison respectfully requests that this Court enter an order requiring Plaintiff to identify each specific parcel of property of her's is being encroached upon by the drainage
easement within ten (10) days of tile date of a hearing on this motion. D. Identification of Other Property That was Allegedly Taken By Defendant, In eluding Location, Dates and Value.
9. The rest of Plaintiffs response is entirely unclear. Plaintiff identifies four (4) potential parcels that were taken, ie., a 'somewhat permanent easement," a "temporary easement,'s
"temporary taking of 5,500 square reet" and "the rental value of [her] house," However. Plaintiff fails to identify where any of these parcels are on her property. For instance, Plaintiff's
house is approximately 5,500 square feet (4.494 per tax records). Yet. it is not clear whether the 5.500 SQuare feet refers to the house or to some other, unimproved. parcel on the Property.
If it is the house. then it would be logical that she is saying that the temporary temporary taking was $6,000.00 per month. Bul for how long? Plaintiff refers to a temporary laking
lasting for four months, but says that this refers to a "temporary easement." not the house. Therefore, another interpretation could be that the "temporary easement" is the 5,500 square
feet. If so, then it would be logical that she is saying that this 5,500 square feel easement was taken for four months. But here the value of this laking is not disclosed. Finally.
is the "temporary easement" different from, or the same as. the ·somewhat permanent diagonal, non-consensual easement across Plaintiffs yard and house where the drainage runs." If it
is different, what is the value of this property? 10. Further, While Plaintiffhas not refused to produce documents evidencing lhis information, none has been provided nor has Plaintiff
made a statement that no such PAGI: 5 TOWN OF ADDISON'S MOTION TO COMPEL 
documents exist. 11. Addison should not be required to defend against Plaintiffs claims of a taking based upon these disclosure and learn for the first time al trial what specific parcels
of property Plaintiff alleges was taken, when and what the value was. Therefore. Addison respectfully requests that this Court enter an order requiring Plaintiff to supplement her discovery
responses to; i) specifically identify each parcel ofher properly thai she contends was taken (identifying the location and the square footage): ii) when each such parcel was taken and
whethereach such parcel of her property was taken temporarily orpermanently; and iii) state what she contends to be the fair market value for eaoh parcel of the Property she contends
was permanently taken or the fair rental value for each parcelofthe Property that she contends was temporarily taken, all within ten (10) days from the date of the hearing on this Motion.
v. Prayer WHEREFORE, premises considered. Addison respectfully requests that this Court enter an order compelling Plaintiff, within ten (10) days from the date of the hearing on this
Motion, to provide clear, concise and complete responses to Addison's First Sel of Interrogatories Nos. 2. and 40. and First Request for Production of Documents Nos. 3. and 41 .• including,
but not limited to: a. specifically identify each parcel of her property that she contends was taken (identifying the location arn:! the square footage); b. when each such parcel was
taken and whether each such parcel of her properly was taken temporarily or permanently; c. state what she contends to be the fair market value for each parcel of PAGE 6 TOWN OF ADDISON'S
MOTION TO COMPEL 
the Property she contends was permanently taken or the fair rental value for each parcel of the Property that she contends was temporarily taken; and d. produce any and all documents
evidencing this information, If any, or, if none exists. to state that no such documents exist Respectfully submitted, MARIS & LANIER, p.e. 􀁾􀀼Ob&lt F. Marl 7 State Bar No. 12966300
Marigny A. Lanier State Bar No. 11933200 Michael J, McKleroy, Jr. State Bar No. 24000095 1450 Meadow Park Building 10440 N. Central Expressway Dallas, Texas 75231 214-706-0920 telephone
214-706-0921 facsimile ATTORNEYS FOR DEFENDANT TOWN OF ADDISON CERTIFICATE OF CONFERENCE I hereby certify that I contacted counsel for Plaintiff to confer about the foregoing motion
and that counsel for Plaintiff failed to respond to Addison's request to confer. Therefore, it has been determined that Plaintiff is opposed to the relief sought in this motion and this
motion is therefore presented to the court for resolution. TOWN OF ADDISoN'S MOTION TO COMPEL PAGE 7 :Ae J.N3S 
CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing iostrument has been served in accordance with Rule 21a of the Texas Rules of Civil Procedure on
this the 18th day of August, 2004, to; Thomas H. Keen LOOPER REED & McGRAw, p.e. 4100 Thanksgiving Tower Hl01 Elm Street Dallas, Texas 75201 VIA CERnFIED MAIL. RECl:IPT NO. 7003 1680
0004 2873 6959 Zach T. Mayer FEE SMITH SHARP & VITULLO, L.L.P. One Galleria TOWer 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 VIA REGULAR U.S. MAIL J. Robert Miller, Jr. MILLER &
BROWN, L.L.P. 400 South Ervay Street Oalias, Texas 75201-5513 VIA REGULAR U.S, MAIL 607.066\compel.mln.wpd TOWN OF ADDISON'S MOTION TO COMPEL PAGES 
A Professional COl'por.a.ticm 1450 Meadow Park Bldg" LB 702 10440 N, Central Expressway Dallas, Texas 75231 214-706-0920 telephone 214-706-0921 facsimile August 19, 2004 VIA CERTIFIE
AIL NO. 7003 168000042873 6942 Thomas . Keen Loop REED & McGRAW 1 Elm Street, Suite 4100 alias, Texas 75201 Re: Pat Milliken v. Town ofAddison, et 8/Cause No. 02-4715-F in the 116th
District Court, Dallas County File No. 607-066 Dear Tom: Enclosed please find Defendant Town of Addison's Fifth Supplemental Response to Plaintiffs Rule 194 Request for Disclosure. Should
you have any questions, please contact me at the number listed above. Thanking you in advance for your time and attention, cc: Zach T. Mayer Fee, Smith, Sharp & Vitullo, L.L.P. One Galleria
Tower 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 VIA REGULAR U.S. MAIL (w/encl.) Sincerely, 
J. Robert Miller, Jr. MILLER & BROWN, L.L.P. 400 South Ervay Street Dallas, Texas 75201-5513 VIA REGULAR U.S. MAIL (w/encl.) 
bcc: Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.O. Box 149194 Austin, Texas 78754 (w/encl.) Mike Murphy Lynn Chandler Public Works Department Town of Addison /P.O.
Box 9010 Addison, Texas 75001 (w/encl.) 
CAUSE NO. 02-4715-F PAT MILLIKEN, § IN THE DISTRICT COURT § Plaintiff, § § v. § § 116th JUDICIAL DISTRICT TOWN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG,
PRESTON HOMES, § INC. and JON B. COLEMAN, § § Defendants. § DALLAS COUNTY, TEXAS DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE
COMES NOW DefendantTown of Addison ("Addison") and, pursuantto Rules 194 of the Texas Rules of Civil Procedure, timely responds to the Requestfor Disclosure served by Plaintiff Pat Milliken
("Plaintiff'). In support thereof, Addison respectfully shows the following: 194.2 (a) The correct names of the parties: ANSWER: Plaintiff: Pat Milliken; Defendant: Town of Addison;
Defendant: The Preston Group Designers and Builders; Defendant: Preston Homes, Inc.; Defendant: William Long; and Defendant: Jon B. Coleman 194.2 (b) The name, address, and telephone
number of any potential parties: ANSWER: Achariya K. Watters, 14911 Lake Forest Drive, Addison, Texas 75001. 194.2 (c) Legal theories and factual bases of the Defendant's claims and
defenses: DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 1 
ANSWER: Addison generally denies each and every allegation setforth by Plaintiff. Arguing further, and in the affirmative, Addison asserts the following affirmative defenses: Sovereign
Immunity. Addison asserts that Addison is immune from liability to Plaintiff. A municipality, such as Addison, is immune from liability arising its governmental functions. The planning
and construction of drainage improvements is a governmental function. Therefore, Addison is immune frorn Plaintiffs claims arising from the planning and construction of drainage improvements.
No Waiver of Immunity under TEX.CW.PRAC.&REM.COOE §101.021. Addison asserts that Addison has not waived its sovereign immunity for Plaintiffs negligence claims underthe Texas Tort Claims
Act. §1 01.021 ofthe Texas Civil Practice and Remedies Code provides the exclusive means by which a municipality may waive its sovereign immunity. Addison asserts thatit has not waived
its sovereign immunity under §101.021 for the reason that: i) there is no causal connection between the "operation or use of a motor-driven vehicle or motor-driven equipment" and the
claimed injury; ii) the injury complained of by Plaintiff did not arise from negligence of an employee of Addison; and/or iii) the injury complained of by Plaintiff did not arise from
the operation or use of a motor-driven vehicle or motor driven equipment by an employee of Addison. Therefore, Addison has not waived its sovereign immunity for Plaintiffs claims of
negligence. No Waiver of Immunity under TEX.CPI.PRAC.&REll.CoOE §101.057. Addison asserts that Addison has not waived its sovereign immunity for intentional tort claims under the Texas
Tort Claims Act. §101.057 of the Texas Civil Practice and Remedies Code provides an explicit exception to the Texas Tort Claim Act's waiver of immunity from suit. Therefore, DEFENDANT
TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 2 
Addison has not waived its sovereign immunity for intentional tort claims asserted by Plaintiff, including Plaintiffs claim of trespass and damage to real property. Comparative Negligence.
Addison requests that this Court direct the trier of fact in this matter, after a trial on the merits, to determine the percentage of responsibility of Plaintiff, each defendant named
in this suit and each responsible third-party, who may include the owner of the adjacent property immediately to the north of Plaintiff, pursuant to Chapter 33 of the Texas Civil Practice
and Remedies Code. Contributory Negligence. Addison asserts that any negligence found by the trier offact to be a proximate cause of the damages claimed by Plaintiff which are attributed
to the Plaintiff should be applied to diminish the liability and damages sought by Plaintiff from Addison. Waiver and Estoppel. Plaintiffhas waived, and is estopped from, asserting damages
arising from the planning and construction of drainage improvements, including damages arising from the ingress and egress Plaintiffs property for that purpose, for the reason that Plaintiff
implicitly and explicitly authorized, consented to or ratified such acts and Addison reasonably relied upon Plaintiffs authorization, consent or ratification. Failure to Mitigate Damages.
Addison asserts that any damages soughtto recovered by Plaintiff should be reduced to the extent that Plaintiff has failed to take the reasonable steps that a person of ordinary prudence
in a similar situation would have taken to avoid the claimed damages. 194.2(d) The amount and method of calculating economic damages. ANSWER: Not applicable. DEFENDANT TOWN OF ADDISON'S
FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGES 
194.2(e) Name, address, and telephone number of persons having knowledge of relevant facts, and brief statement of each identified person's connection with the case: ANSWER: Pat Milliken
14905 Lake Forest Drive Addison, Texas 75001 Plaintiff in the above-referenced cause. Thomas H. Keen Looper Reed & McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 214-954-4135
Attomey for Plaintiff. Communicated with Addison officials regarding remediation work. Jon Coleman The Preston Group 2301 Ohio, Suite 235 Plano, Texas 75093 214-924-9009 Defendant. Builder
of property to the immediate south of Plaintiff. William Long The Preston Group Designers & Builders, Inc. 2301 Ohio, Suite 235 Plano, Texas 75093 469-241-9911 Defendant. Builder of
property to the immediate south of The Preston Group property. DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 4 
Michael E. Murphy, P.E. Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2880 Director of Public Works for Addison. Knowledge of the condition of the Plaintiffs
property at all times relevant to this lawsuit. Communicated with Plaintiff about complaints to the property and remediation efforts. Steve Chutchian Town of Addison 16801 Westgrove
Drive Addison, Texas 75001-9010 972-450-2880 Assistant City Engineer. Knowledge ofthe condition ofthe Plaintiffs property at all times relevant to this lawsuit. Communicated with Plaintiff
about complaints to the property and remediation efforts. Ron Whitehead Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2880 City Manager for the Town of Addison.
Responded to a telephone call from Plaintiff in the middle of the night. Chris Terry Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2880 Assistant City Manager
for the Town of Addison. Met with Plaintiff to discuss remediation possibilities. Lynn Chandler Chandler Les Folse Carmen Moran Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010
972-450-2880 Building Inspection Department for Addison. Issued building permits to Defendant Builders and have knowledge of condition of the property. DEFENDANT TOWN OF ADDISON'S FIFTH
SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 5 
Dave Wilde Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2880 Inspectorforthe Town ofAddison. Knowledge ofthe condition ofthe Plaintiffs property at all times
relevant to this lawsuit. Took photographs ofthe property Slade Strickland Ron Lee Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2880 Parks and Recreation Departmentforthe
Town of Addison. Have knowledge of the condition of the Plaintiffs property and trees. Jim Bowman Bowman Construction 10209 Plano Road Dallas, Texas 75238 214-349-2884 Construction firm
hired by Addison to perform remediation work on Plaintiffs property. Larry F. Smith, P.E. Brian C. Eubanks, M.S.C.E., E.I.T. Larry Smith Engineering 2115 Teakwood Lane, Suite 450 Plano,
Texas 75075 972-964-2161 Engineering firm retained by Defendant Builders. Don Cross Mike Phillips C & C Engineering, Inc. 12021 Plano Road, Suite 190 Dallas, Texas 75243 972-680-2164
Engineering firm retained by Defendant Builders. DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 6 
Christian D. Laettner 3325 Eagle Bluff Road Mound, Minnesota 55364-8596 Former neighbor (to the immediate south) of Defendant The Preston Group Designers & Builders, Inc. Achariya K.
Watters 14911 Lake Forest Drive Addison, Texas 75001 Neighbor (to the immediate north) of Plaintiff. Jim Pierce Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2880
Assistant Director ofPublic Works for Addison. Knowledge ofthe condition of the Plaintiffs property on June 29,2004 at the time videotape (Bates Labeled Addison 598) was recorded. Dan
Wood Greg Senn Joel Sales Town of Addison Fire Department 4798 Airport Pkwy Addison, Texas 75001 972-450-7201 Firemen who cleaned out debris from drainage inlets between Plaintiffs property
and Watters' property. 194.2 (f): Testifying experts: (1) the expert's name, address and telephone number: ANSWER: Michael E. Murphy, P.E. Town of Addison 16801 Westgrove Drive Addison,
Texas 75001-9010 972-450-2880 Charles D. Johnson 4106 Courtshire DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 7 
Dallas, Texas 75229 972-503-9314 Robert Stanley ("Stan") Randall, Jr. Robert Stanley ("Robert") Randall, III Arboricultural Systems Integration Route 6, Box 240 Sulphur Springs, Texas
75482 Larry E. Dobbs, MAl Mike Shaw, MAl Larry E. Dobbs, MAl, Inc. 105 North Alamo Rockwall, Texas 75087 Mark W. Roberts, P.E. Nathan D. Maier Consulting Engineers 8080 Park Lane, Suite
600 Dallas, Texas 75231 214-739-4741 phone 214-739-5961 fax Robert F. Maris Maris & Lanier, P.C. 10440 N. Central Expressway, Suite 1450 Dallas, Texas 75231 214-706-0920 Janice Moore
6011 Derek Trail Dallas, Texas 75252 972-732-6000 (2) the subject matter on which the expert will testify; ANSWER: Mr. Murphy. Mr. Murphy is expected to provide rebuttal testimony to
the opinions given by Plaintiff's experts on the sufficiency ofthe drainage plans and development by the Developer Defendants. In addition, Mr. Murphy is expected to provide expert testimony
regarding the drainage system installed on the Property and the condition of the drainage DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR
DISCLOSURE PAGES 
on the Property at all times relevant to this litigation, including the present. Mr. Johnson. Mr. Johnson is expect to provide expert rebuttal testimony to the opinions given by Plaintiffs
expert on the cost to repair any physical damage to the Property. Messrs. Randall. Messrs. Randall are expected to provide testimony about the reasonable and necessary costs to replace
and/or repair the trees that the Plaintiffs claim were damaged. Messrs. Randall are further expected to provide testimony about the contribution of the drainage of the Property to any
damages suffered by Plaintiff. Mr. Dobbs and Mr. Shaw. Mr. Dobbs and Mr. Shaw are expected to provide testimony about the diminution in value, if any, of the Property. Mr. Roberts. Mr.
Roberts is expected to provide expert testimony about the sufficiency of the drainage plans, the sufficiency of the storm drainage system, and the effect (or lack thereof) of the construction
by the Developer Defendants on the drainage on the Property. Mr. Maris. Mr. Maris is expected to provide rebuttal testimony to the opinions given by Plaintiffs expert on the reasonableness
of attomeys' fees allegedly incurred by Plaintiff in this litigation. Ms. Moore: Ms. Moore will testify concerning the sale value of Plaintiffs property. (3) the general substance of
the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to your control, documents
reflecting such information; DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 9 
ANSWER: Mr. Murphy. Mr. Murphy is expected to testify that the drainage plans submitted by the Developer Defendants were sufficientto provide adequate drainage tothe Property and to
avoid flooding had they been installed properly and in a timely manner. Mr. Murphy is further expected to testify that the drainage problems, if any, experienced by the Plaintiff existed
from conditions unrelated to the Developer Defendants and in the control of the Plaintiff. Specifically, Mr. Murphy is expected to testify that the natural slope of the backyard of the
Property, the configuration of the back part of the house, the location of the retaining wall between the Property and the Watters' Property and the ill-maintained condition ofthe gutters,
down-spouts and french drains on the Property contributed to the collection of rain water falling on the Property, remaining on the Property and collecting on the rear patio of the Property
that was the proximate cause of the Plaintiffs flooding. Mr. Murphy is further expected to testify that any drainage problems arising outside of the Property were remedied by the installation
ofthe drainage system. Mr. Johnson. See report attached to Defendant Town of Addison'sSecond Supplemental Response to Plaintiffs Rule 194 Request for Disclosure. Messrs. Randall. See report attached to Defendant Town of Addison's Second Supplemental Response to Plaintiffs
Rule 194 Request for Disclosure. Mr. Dobbs and Mr. Shaw. See report attached to Defendant Town of Addison's Second Supplemental Response to Plaintiffs Rule 194 Request for Disclosure.
Mr. Roberts. See report attached to Defendant Town of Addison's Second Supplemental Response to Plaintiffs Rule 194 Request for Disclosure. DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL
RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 10 
Mr. Maris. It is Mr. Maris's opinion that the $150,000.00 to $200,000.00 range of attorneys fees estimated by Plaintiffs attorneys' fees expert is not a reasonable fee for this case.
Subject to, and without waiving, the foregoing, Mr. Maris will testify that, based upon a review of the file, it is their opinion that Plaintiff has brought no legitimate claim upon
which an award of attorneys' fees may be authorized and awarded. Therefore, it is Mr. Maris's opinion that no attorneys' fees were reasonably incurred and should be awarded. Subject
to, and without waiving, the foregoing, it is of the opinion of Mr. Maris that: 1) the hourly rate charged of $175.00 per hour ($75.00 assistant time), is a reasonable fee; 2) the reasonable
and necessary amount of time that can expected to be expended by Plaintiffs attorney in the prosecuting of Plaintiffs claims is no more than fifty (50) hours; and 3) the total attorneys'
fees and expenses incurred by Plaintiff through trial should not exceed $8,750.00. Ms. Moore: Ms. Ms. Moore will testify that given the neighborhood and developments surrounding Plaintiffs
property, that the property located at 14905 Lake Forest Drive, Addison, Texas 75001 would sale for lot value only. (4) ifthe expert is retained by, employed by, or otherwise subject
to your control; (A) aU documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of
the expert's testimony; and ANSWER: Mr. Murphy. Mr. Murphy'S testimony is formed, primarily, from his personal observations of the Property. To the extent that Mr. Murphy reviewed documents,
they DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 11 
may be made available at the law offices of Maris & Lanier, P.C., 10440 N. Central Expressway, Suite 1450, Dallas, Texas 75231 upon reasonable request. Mr. Johnson. Mr. Johnson has reviewed
the letter dated January 8, 1998 prepared by Mr. Bob Parker, PMS Property Services, as well as photographs taken of the Property on June 3, 2003, a videotape taken of the Property on
June 3, 2003 and the appraisal report prepared by Clyde Crum. Messrs. Randall. Mr. Randall has relied upon his personal observations of the Property. Mr. Dobbs and Mr. Shaw. Will supplement
per Rule 11 Agreement with Plaintiff. Mr. Roberts. Mr. Roberts has relied upon his personal observations ofthe Property, the drainage plans prepared by Kyle Corey and the storm drainage
plan. Mr. Maris. Other than the litigation file, of which Plaintiff should have a copy of all non-privileged documents, no documents have been reviewed or prepared at this time. At such
time when documents become available, they may be made available at the law offices of Maris & Lanier, P.C., 10440 N. Central Expressway, Suite 1450, Dallas, Texas 75231 upon reasonable
request. Ms. Moore: Ms. Moore's opinion is based primarily on her personal experience and expertise in selling houses in the Addison area and specifically in Plaintiffs neighborhood.
To the extent that Ms. Moore reviewed documents, they may be made available at the law offices of Maris & Lanier, P.C., 10440 N. Central Expressway, Suite 1450, Dallas, Texas 75231 upon
reasonable request. (8) the expert's current resume and bibliography. DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 12 
ANSWER: Mr. Murphy. See resume attached to Defendant Town of Addison's Second Supplemental Response to Plaintiffs Rule 194 Request for Disclosure. Mr. Johnson. See resume attached to
Defendant Town of Addison's Second Supplemental Response to Plaintiffs Rule 194 Request for Disclosure. Messrs. Randall. See resume attached to Defendant Town of Addison's Second Supplemental
Response to Plaintiffs Rule 194 Request for Disclosure. Mr. Dobbs and Mr. Shaw. For Mr. Dobbs, see resume attached to Defendant Town of Addison's Second Supplemental Response to Plaintiffs
Rule 194 Request for Disclosure. Not available for Mr. Shaw. Mr. Roberts. Not available, will supplement if becomes available. Mr. Maris. See resume attached to Defendant Town of Addison's
Second Supplemental Response to Plaintiffs Rule 194 Request for Disclosure. Ms. Moore: See resume attached hereto. 194.2 (9) Indemnity and insuring agreements described in Rule 192.3(f):
ANSWER: Not applicable. 194.2 (h) Settlement agreements described in Rule 192.3(g}: ANSWER: Not applicable. 194.2 (i) Witness statements described in Rule 192.3(h): ANSWER: None at this
time. However, it is anticipated that depositions ofparties and third-party witnesses will be taken. At such time, a copy of said depositions will be made available to each party. DEFENDANT
TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 13 
194.2 (j) In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the
injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. ANSWER: Not applicable. 194.2 (k) In a suit alleging physical
or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished
by the requesting party. ANSWER: Not applicable. Respectfully submitted, MARIS & LANIER, P.C. 􀁒􀁾􀁾􀀠State Bar No. 12986300 Marigny A. Lanier State Bar No. 11933200 Michael J. McKleroy,
Jr. State Bar No. 24000095 10440 N. Central Expressway Suite 1450, LB 702 Dallas, Texas 75231 214-706-0920 telephone 214-706-0921 facsimile ATIORNEYS FOR DEFENDANT TOWN OF ADDISON DEFENDANT
TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 14 
CERTIFICATE OF SERVICE This is to certify that a true, correct and complete copy of the foregoing instrument has been served in accordance with Rule 21a of the Texas Rules of Civil Procedure
on the 19th day of August, 2004, to: Thomas H. Keen LOOPER REED & MCGRAW, P.C. 4100 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 VIA CERTIFIED MAIL RECEIPT NO. 7003 168000042873
6942 Zach T. Mayer FEE SMITH SHARP & VITULLO, L.L.P. One Galleria Tower 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 VIA REGULAR U.S. MAIL J. Robert Miller, Jr. MILLER & BROWN, L.L.P.
400 South Ervay Street Dallas, Texas 75201-5513 VIA REGULAR U.S. MAIL 607.066\disclose5.rsp.wpd DEFENDANT TOWN OF ADDISON'S FIFTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST
FOR DISCLOSURE PAGE 15 
Maris & Lanier 1450 Meadow Park 91t1g .• LB 702 10440 N. Central Expressway Dallas, Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Date: August 4, 2004 To:
Rickey Garen Via Telecopier Number: (512)491·2366 To: Ken Djppel Via Telecopier Number: (214)672·2020 To: Mike Murphy Via Telecopier Number: (972)450·2837 From: Amy l. Walker. Legal
Assistant Direct Phone Number (214) 706-0922 Direct Telecopier Number : (214) 706-0921 Pages; Cover -+-(f IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Debbie at: 214·706·0920 Re: File
No. 907-066: Pat Milliken y. Town of Addison Message: See attached responses from Plaintiff to our 2nd Set of DIscovery. _ Original will follow by mail _x_ Original will NOT follow by
mail The Information contained In thia fllCIIlmlle meseage II attorney prNneged and confidential Information Intended only for til. use of the Individual or entity named abov •• If the
reader of tilia meaallt!els not the Intended recipient. you 1In1 lIenlby notified tllat any unauthorized dlseemlnltlon. distribution or copying of thl. communication III 8trk:tly prohibited.
If you hive received tttis communh:atlon in error, pl....lmmedl.t.1y nDtUy ue by tel.phon. atthe numbe ... lillted. Thank you. 
MarRs & Lanier 1450 Meadow Park Bldg., LB 702 10440 N. Central Expressway Dallas, Texa'i1S231 214-706-0920 telephone 214-706-0921 facsimile August 4, 2004 VIA FACSIMILE Rickey Garen
Texas Munioipal league Intergovemmental Risk Pool P.O. Box 149194 Austin, Texas 78754 VIA FACSIMILE Ken Dippel Cowles & Thompson 901 Main Street. Suite 4000 Dallas, TX 75202 VIA FACSIMILE
Michael E. Murphy, P.E. Lynn Chandler Town of Addison 16801 Weslgrove Drive Addison, Texas 75001-9010 Re: Pat Milliken v. City of Addison TML Claim No. 0200066621 File No. 607-066 Dear
Gentlemen: Attached please find a copy of Plaintiff Pat Milliken's Answers to Town of Addison's Second Set of Interrogatories and Responses to Second Request for Production. !Aij .LN3S􀀱􀁾􀀶􀀰􀀠SOL
v􀁉􀁾􀁾􀁵􀁾􀀠30'ild 
August 4. 2004 Page 2 Should you have any questions, comments, or concerns. please do not hesitate to call. Sincerely, Assistant to Robert F, Maris Enclosure :Aa .LN3S 
CAUSE NO. 02.4715 PAT MILLIKEN, § IN THE DISTRICT COURT OF § Plaintiff. § § \'$. § § DALLAS COUNTY, TEXAS TOWN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS. § WILLIAM LONG,
PRESTON HOMES. § INC.• JON B. COLEMAN. § § Defendanfs. § 11611> JUDICIAL P1STRlCT PLAINTIFF PAT MILLIKEN'S ANSWERS TO TOWN OF ADDISON'S SECOND SET OF INTERROGA TORIF..s AND RESPONSES
TO SECOND REQUEST FOR PRODUCTION TO: TOWN OF ADDISON, by and through its attorney of record. Michael J. McKleroy, Jr., MARIS & LANIER, p,e" 1450 Meadow Park Blvd., LB 702, 10440 N. Central
Expressway, Dallas, Texas 7523.1. Plaintiff: PAT MILLIKEN, ("Plaintiff') submits her Answers to Town of Addisoll" 􀁾􀀠Second Set of Interrogatories and Responses to Request for Production
as follows: .I. INTEnROGATORV: Please identify all individuals who you cOlltaeted to assist YOtl ill the clean. up, remediation, and/or repair of your property as a result of the flooding.
Sped tically. ill your deposition transcript taken on January 21, 2004, at page 70, you make reference to II person named "Angelica". Please identify by tull name, address, and telephone
number, this individual. as well as my other individuals or companies who may have assisted you. ANSWF.R: 1do not know her last name. I got her as well as a couple of guys Irolll the
"'abor pool" in Plano. I jusl paid them in cash. If I had anticipated litigation 1 would have done it differently to document it, but the Town of 􀁁􀁤􀁤􀁩􀁾􀁯􀁮􀀠was guaranteeing me
that they would take care of any and everything that I had to deal with as II result of Ihis flooding losses. costs, all of it. PlAINTiff PAT MIUAKcN'S IINSWER$"!"O TOWN OF AVOISON'S
SEC(lNO 􀁓􀁾􀀮􀀢􀁦􀀠or 􀁉􀁎􀁉􀁦􀁩􀁒􀁒􀁩􀀱􀁑􀁁􀁔􀁏􀁒􀁭􀁾􀀠ANn 􀁉􀁜􀁾􀁓􀁲􀁏􀁎􀁓􀀡􀀱􀀮􀁕􀁑􀀮􀁳􀁥􀁾􀁎􀁄􀀠􀁒􀁾􀁏􀁬􀁉􀁅􀁓􀁕􀁏􀁒eRQPIICTIO!\ -PA(;F. I :AS .LNJ\l 
2. REQl/EST FOR PRQDUCnON OF OOCUMENTS: Please produce for inspection and copying any and all documents to ('Ir from any individual or company who assisted you in the clean-up remediation,
andlor repair or your property after flood incidents. This includes. but is not Hmited to. invoices, statements, proof of payment including canceled checks 1U1d receipts. RESPONSE: Plaintiffhas
no additional 􀁤􀁯􀁣􀁾􀁭􀁥􀁬􀁬􀁴􀁳􀀮􀀠3. INTERROGATORY: Plelille identify by model number, serial number, brand, date of purchlille and any other identifying information, the big sereen
television you allege has been damaged as a result of tile flood incidents. ANSWER: Toshiba 65" Projection Sereen, Model No. 65H82, Serial No. 14354608, Chasis No. TAC 0071. 4. REQUI::ST
FOR PRODUCTION OF DO<:lIMENTS: Please produce lor inspccti,m and copying of any and all documents evidencing the purchase of tke hig screen television Y(J\l claim has been damaged 􀁡􀁾􀀠a
result ofthe flood incidents. RtSI'ONSI: Plaintiff no longer possesses such documents, :;, REQUEST FOR PRODUCI!9N OF DOCIlMENTS: Please produce for inspection and copying true, correct
and complete copies of any and All MLS listings and documents providing 􀁤􀁩􀁳􀁣􀁬􀁯􀁳􀁵􀁲􀁥􀁾􀀠for the property located at 14905 Lake Forest Drive.• Towll or Addistlll, Dallas County,
Texas. RESPONSE: Objection. This request is not limited to relevant tic period. Subject t\l $lime, Plaintiff may not have a complete memory of all MLS listings for the subject property,
but believes Defendant has requested copies of same. Plaintiff will review those documents, if fumished by Defendant lind verify tile infonnation contained thereil!. 6. INIERROC,ATORY:
Please identify all individuals, including but ',ot 􀀱􀁩􀀱􀁬􀁬􀁩􀁌􀁾􀁤􀀠10, potential buyers and investors which you have appruached, or who have approached you. regarding your properly.
This request also includes aU individuals who have been inside )lour property at an open-house. ANSWER: Objection. This Interrogatory is no! limited IQ a relevant time period. Subject
to same, Plaintiff has not held an open house. Individuals who have expressed some interest in the house ar!:; PLhlNTIFF M'I" MILUKEN'S ANSWERS TO TOWN Of 􀁴􀁜􀁄􀁄􀁉􀁓􀁏􀁎􀀧􀁾􀀠􀁾􀁦􀀬􀁣􀀻􀁏􀁎􀁄􀀠SEt
􀁾􀁁􀁎􀁄􀁒􀁅􀁾􀁐􀁏􀁴􀁬􀁓􀁅􀁓􀀠TO SECOND RH1UE$; FOR PRO!" ICTIll!:! -PAGE 2 :AIl .LN3S <:IIS 30Vd 􀁾􀁮􀁤􀁥􀁯􀀺􀀠􀁾􀀠ro-v'onv 
David Slagel Ida Homes Dennis Schnell Shirley Peters Vivian Young Patd Laylee Roxie Lyneh Charlene Gas! Diane Morris Elizabeth Baker 7. REOUEST FOR PRODUCTION OF DOCUMENTS: Please produce
for inspection and cop:.;ng true. 􀁣􀁯􀁾􀁴and complete copies ofany and all written documents which evidence those individual, referenced in Interrogatory No.6 above. This request includes,
but is not limited to. business cards, hand-written notes, and lisls of individuals viewing your property al all openhouse. RESPONSE: See attached documents. 8. REouEST FOR PRODUCTION
Of DOp.lMtNl'S: Please produce for inspection and copying. true, correct and complete copies of any and all wrinen documents or tangible things evidencing any insurance claims made on
the property as a result of the flooding lind any correspondence to or from the insurance companY in connection with the flooding. The relevant time period for Ihis request is January
1,2000 fo the presenl. RESPONSE: There are not any additional documents. PI.AINTIFF PAT MILLIKEN'S ANSWERs TO TOWN OF AIlDISON"S SECOND SET OR INIERROCATQRltiS AND 􀁒􀂣􀁓􀁐􀁑􀁎􀁾􀁅􀁓􀀠TO
SECOND REOU[lST FQR PRODUCTION PAGE 3 :AS .l.N3S 
Respectfilll , submitted, LOOPE ZRA.f,\' LC. 􀁂􀁹􀀺􀁟􀀭􀀺􀀺􀀡􀀭􀀭􀀭􀀬􀁾􀀺􀀭􀀧􀁩􀀭􀀭􀀧􀀼􀀭􀀺􀀭􀀭􀀢􀁾􀁟􀀬'--,􀁴􀀧􀀭􀀭􀁾􀀢􀀧􀁟􀁟􀁟􀀮􀀠THOMAS H. EEN State Bar No.: 11163300 ELIZABSTH P.
ARDANOIVSKI State Bar No.: 00793275 1601 Elm Street, Suile 4100 Dallas, Texas 75201 Telepllone: 214.954.4135 Facsimile: 214.953.1332 ATTORNEYS FOR PLAINTIFF PAT MILLIKEN CERTIFICATE
OF SERVICE This is to certify thaI Ii true and correct copy of the toregoing instrument baR heen forwarded via certified mail, return receipt requested, to the persol1 listed below 011
tbis 290• day of July 2004 in accordance with the TSXAS RUt.ES OF CIVIL PROCEDURE: Michael J. McKleroy, Jr. MARIS & LANIER. p.e. 1450 Meadow Park Blvd., LB 702 10440 N. Central Expressway
OaUru;, Texas 75231 ZachMayer FEE. SMITH. SHAllp & VITULLO. u ..r. One Galleria T ()wer 13355 Noel Road, Suite 1200 Dallas, Texas 75240 l S:\THK\Clienl5\MIIliIc;en. 'a,UJisC6vcry\2nd
􀁒􀁥􀀮􀁾􀁾􀀠to Intcrt()C" and REP·Town nr Addison .doe I'LAINTIFf PhT 􀁍􀁉􀁌􀁬􀀮􀁬􀁋􀁾􀁎􀂷􀁓􀀠􀁁􀁎􀁾􀁗􀁅􀁒􀁓TO TOWN OF A!:>DISON'S SE,cONO SET 􀁾􀁒􀁏􀁇􀁁􀁬􀀨􀀩􀁒􀁬􀁦􀁓AND 􀁫􀁾􀁓􀁴􀀧􀀹􀁎􀁓􀁅􀁓􀀠TO
SECONI! 􀁒􀁅􀁑􀁕􀁾􀁾fOR 􀁲􀁒􀁏􀁄􀁾.. PAn". :A6 J.N3S 
..'􀁊􀁕􀀱􀁾􀀹􀀠04 04:0Bp Pat Milliken 9723870384 1".2 ·,ttp:ffmreis.l1)a.rkctlinx.CQrn -Customer Full Repoll Page lof2 "tv" til "Dille COOIempollllVlMOdIIm .«8...,Ao_" 'I AOJ"D ID 2.91:.
Act" at Oo"""l'llon_ace _ ..F.."'.... BoIoonr C-lOd P"",h(.., G.... CNollOrt Gullo.. Ug/IIlng SYIItm Pa\loC<>_ e.ltUIio OIoh WCOdPtok-01'0111« ;011-Umeitone RocllylShaleSondpu,am r(..nol
RltIMo Typo: Single Family 0IIg I.P: '850,_Calltgory: Ruidenti.1 Ar8<I: 1911 Mop: DAlOOI SIE Ahto For Leas.: No Low: 17I1B.OOO Sub4v; MILl.IKEN ADON 􀁃􀀺􀀢􀀢􀂷􀁮􀁾􀁌􀁌􀀮􀁁􀁓􀀠􀁾􀀠Lot$lSqFI!
$134.88 P&rA.IO: 100049700001AOODO Blk: 497 5 Tol Gatl>., 1 Fun Baths: 6.1 Uv AN.a: 6 Dlflfr1g Ant.: 6 Le",t... 1:tt: IS and: 1 Siory: 1 1'....: Yas31d: _I: N. H.IIB_: 1 L....I.·I.I:
1 2nd: :ltd: Bun" U.iflg 1:28Xta /1 F Oint",: "X'4 I, Mstr8R: 18)(1&11 H....' CARROLLTON LMna 2:2!Xli II e ....kfa.1: eN'OOm 2: 􀀱􀁥􀀾􀀼􀀱􀁾􀀠II N....: SHEFFIEU) 3: 12)( 􀁉􀁾􀀠11 I 'Bedroom
3: 1&X14 11 -.TUR"IER 12)(12 /1 II BHtoom 4: tIXIS WeI _Ihf_ OoubIlShOW<l' Gowda. Tub Tub JetIe<I Tub UnanCloMr Medici..Cab...t 801'_. Shower 8ejI...t. v.nftl•• WoI.·1n ClOOIIJ _e..n..
Kk1ten Equip",...' Bultf..fn latmal*r 81111f..4n MICI'OIWII"" Cooklop-=\eClric D1a11Waaher Dllpo••1 DoUbl.ov.n Owon_de Plumbed for G•• In KOell•• sole..... v."t MeCl1anilm I(""han 0lIl.,
eteakt..t Bar UIlIII)r Ro"," O!lp/O'I' A'"I Ory.r H'••􀁾􀁵􀁰􀀮􀁅􀁉􀁯􀁥􀀠FuII.l...W!IJ ANI R_Io'F........ ' S_P8III1Y s.p.r".. UIlIIty Room 􀀶􀁾􀁫,nUIRJIy \JIII!y Cion' T_ WIW' WoodFJe:ot
" ..llnglCoolln, ClInt"" Air·""" G•• H••I:wn.dI!n_F.._ CoIIIIIg Fan.T""'.... Sj1'OCIIIl Halll. owner/Agant AuvmpUan Info No! lIum_ p_lon ClOIl!IglFUndlng 􀀸􀁾􀁯􀁷􀁉􀁮􀁧Ail'tnl 0, o..ner
P_ i CiOma you s1JtTwnded by $1.000,000 IQ $3.S00.000 manalO,l1 un if plivawly de..,"" The lnKtu,. lmet and 1." tiC" yam tHe. Ie CQIJ1\If')" 􀁦􀁥􀁾􀀠__: 􀁄􀀮􀁾•• NorU\ T.I ..... y t.
􀀸􀁥􀁾􀁖... S..I.n Sentinel. 20a 􀁕􀁾􀁉􀀠(1),,,,,,...",,,,.,, 10.n'ight (P,",.n ..d L.ke F.r..I ••• "", ...,. _, o.:,f'A!'.tIOI Pal Mijll,en LA: 0243.l1a Pa'MilV"n '""",rid By: Pat Pat
Mlftllt9J\1 Pll 􀁍􀁉􀁕􀁉􀁾􀁮􀀠 _. IM:lfmttlDn h.,..in deemed 􀁾but nol guaranteed, --, CopyriQhl: 20o.t by NOfft T,xas Real Es,':lte Il'Ifo Sva'tm, 􀁉􀁾􀁟􀀠Ftt. Jul t. 2004 􀀨􀁉􀀺􀁉􀁾􀀢􀁾􀀠PM
MlLUKEN 1ST Supp. 0001 
8723870384 ,..3 ColegO!)'; Resldentill lJpe: Slnglt Family Dd, LP: S!lt6.00Q A_; 1011 ,MoD; OI\lOD1!1t' Aloa For 1.0_: No 􀁾S8M.Ooo. Solid¥: MILltKIIN REP ".tcalID: l000497flQflQ1AOIlQ()
Lat$, &_1452.1 􀀧􀀺􀀧􀁾􀀺􀀧􀀠:" ..,􀁃􀀮􀀬􀀡􀁾􀁉􀁹􀀺􀀠OAI.I.AS-tI1i." ' Lot:,1A ".. 5 To.llalhs, 1 Full_.: NO Hall B.ItooI! e IIInlnIOA"'",6 2nd: 1 :znd: I,Story, 1''''01' Y.. 3"",_t
􀁾􀁮􀁉􀀧􀀠""me IIqFI: 5.8941 Appro;I.'_oarllpoe..:2 A.onto, 1.<, Modla: 1/010 PAR:Y, 2: 1!JX10 II 3: le.K14 n 4: 􀁾D'..llpllon: JOO:\.USIVE ADIIIlIOtl I;IJI..oe.SAc, UPDATeD IN lD14.
Nt:ED1l ALOT Of' WORK SUT IS 􀁕􀁖􀁅􀁁􀀸􀁾􀁾􀁁􀀡􀀡􀀮􀀧􀀡􀀺􀀢􀁥􀁬􀁾􀁾􀀺• ,tiOo:OOO FtlRTHElANO'ONl.Y.!lE'O\lCiI!I) TO SIIQIl,0Q0,,",POOL.13SI'A& HOUSE ARE FREE" MI'TVRETREES, 􀁒􀁥􀀺􀁃􀁾􀁒􀀧􀀮􀀮􀀬􀀮􀀮􀀮
􀀮􀀮􀀠.... ,nil! 􀁉􀁊􀁬􀁾􀁅􀀠SAC ARE $1.3 MUIOI'! AN!) UP. MUST SEllWILL CONSIOER ANY 0VliR OVER 􀁾􀁑􀀬􀀱􀁬􀁑􀀨􀀩􀀠􀁉􀁾NON PIIESTON, WON BELTlltlE, LEFT ON PRESTONWOODlU\K£ fOREST NON
TOLLWAY, Ii ON BEl.TUNE. RT ON 􀀱􀁉􀂥􀀮􀁉􀀧􀀬􀁉􀁬􀁾􀀡􀁾􀁾􀁊􀁦􀁏􀁒􀁅􀁓􀁔􀀠I.A: 02013313 Pat ",oUloon 􀁟􀁉􀁴􀀧􀀧􀀧􀀺􀁾􀁾􀀠,l:M,j#L CMtii.iY ...... P"pAri!d 8y: '.tMjlllt.n t Pit IIJlllk,f'I
--infal1TUllion nervI" dOOtfted fe\i»1e but not gU;lrunteed, •••••• 􀁃􀁵􀁪􀀩􀁹􀁦􀁩􀁧􀁨􀁬􀁾􀀠20CM by Non" reltall 􀁾􀁢􀁬􀀠Eslate tnlD, 6y$t"1I •• 􀁉􀁾􀀮􀀠fit• .lui I, 20011 􀁏􀀧􀁾􀀴􀀲􀀠PM
􀁾􀀱􀀱􀀶􀀠30Vd MILLIKEN lor Supp. 0002 ! :All lN3S 
9723070304 p.4􀁊􀁕􀀱􀁾􀀹􀀠􀁑􀁾􀀠􀁏􀁾􀀬􀁃􀁏􀁰􀀠PaT. Millik"" 15r Supp. 0003 
Pat Mil j il<,," 􀀹􀀷􀀲􀀳􀁡􀀷􀀰􀀳􀀸􀁾􀀠P·5 --, i:" IF.", 􀀮􀁾􀀧􀀠j fo : g iJ. ! , i , ' .. I ... I .... j I 1 
􀁊􀁌􀁬􀁉􀁾􀀠04 O":OSp Pal> 1'1111 i ken 972387038.. p.e \" ,,, MILLIKEN 1st Supp. 0005 􀀡􀁾􀁤􀁏􀁦􀀺􀀱􀀠􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭vo-v-onv! 
SENT BV: 214 706 0921 PAGE 1/5 Maris & Lanier 1450 Meadow Park Bldg., LB 702 10440 N. Central Expressway Dallss, Te)(as 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY
Date: July 29, 2004 TO: Rickey Garen Via Telecopier Number: (512)491·2366 To: Mike Myrphy Via Tefecopier Number: (972)450-2837 . To: Lynn Chandler Via Telecopier Number; (972)450-2637
From: Amy L. Walker. Legal Assistant Direct Phone Number : (214) 706-0922 Direct TeleCOPie4umber : (214) 706·0921 Pages: Cover + IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Autna at:
214·706·0932 Re: File No. 607-066: Pat Milliken v. Town of Addison Message: See attached letter dated July 29, 2004. _ Original will follow by mail _x_ Original will NOT follow by mail
The Informallon contained in this fal:llimlle mesaags Is sttorney privileged and I:onfidenllal informalionlntended ollly for thl u.. of the Individual or ."Iily namld above. If the reader
of Ihls messege Is not thB Illtended 1'8!;lplent, you .",hereby notified that ally unauthorized dissemination, distribution or copying Of this communication Is 􀁥􀁴􀀬􀁩􀁾􀁴􀁬􀁹􀀠prOhibited.
if you h.ve received this communication In error, plauelmmedl.tely notify U8 by telephonaat tile numbe ... lieted. Thank you. 
SENT BY: 214 706 0921 ; JUL-29-04 ,4:30PM; PAGE 215 MarRs & Lanier 1450 Meadow Pari< Bldg., LB 702 10440 N, Cenlral Expressway Dallas, Texas 75231 214·706·092011lIephone 214·706-0921
hlcsimlle 214·706·0927 dlreol dial MICHAEL J. McKLEROY, JR. July 29,2004 VIA FACSIMILE NO. 214..g53·1332 Thomas H, Keen LOOPER REED & McGRAw 1601 Elm Street, Suite 4100 Dallas, Texas
75201 Re; Pat Millik9n v. Town ofAddison, at al Cause No. 02·4715·F in the 116th District Court, Dallas County File No. 607-066 Dear Tom: In light of the court's order on the summary
jUdgment, Ihave reviewed Ms. Milliken's discovery responses as It relales to the identification of, and damages resulting from. the alleged taking. In the Town of Addison's first set
of discovery (Inl. No. 40), Ms_ Milliken was asked to Identify the area of her Property that she contends was taken. In response. Mo. Milliken referred to her petition and to her prior
discovery responses, I believe that this refers to her response to Interrogatory No.2, in which Mo. Milliken wao asked to state the total amount ofdamages that she is seeking to recover
from the Town ofAddison, itemized to show each element of damages, the dollar amount attributable to each element and how each element was calculated. In response, Ms. Milliken stated.
in part, that: "Actual damages include the temporary taking of 5,500 square feet of Plaintiffs land and the permanent taking of approximately 25 square feet where the drainage Inletextends
beyond the existing drainage easement. Further, there is now a somewhat permanent diagonal, non-consensual easement across Plaintiffs yard and house where the drainage runs." •According
to the builder's asking price for their land and new homes, the land only is worth $19.00 Isf. The temporary easement was taken for four monlhs_ Beyond the value of the land, however.
were the attendant damages imparted by the attempted 'fixing' of the property drainage. The peace of Plaintiffs household was shattered throughout that process. The rental value of Plaintiffs
house would be approximately $6,000.00 per month." 
SENT BY: 214 706 0921 ; JUL·29·0A 4:S1PM; PAGE S/5 MR. THOMAS H. KEEN PAGE 2 JULY 28, 2004 It seems clear to me that she Is saying that the damages resulting from the drainage system
being outside of the easement is 25 square feet times $19.00 per square feet, for a total of $475.00. However, she does not identify where that 25 square feel is localed. The rest of
the response Is entirely unclear. Ms. Milliken identifies four (4) potential parcels that were taken, ie., a "somewhat permanent easement," a "temporary easemenl,"a "temporary taking
of 5,500 square feet" and "the rental value of [her) house." I know that Ms. Milliken's house is approximately 5,500 square feet (4,494 per tax records). However, It Is not clear whether
the 5,500 square feet refers to the house or to some other, unimproved, parcel on the Property. If it is the house, then it would be logical that she is saying that the temporary taking
was $6,000.00 per month. But for how long? She refers 10 a temporary taking lasting for four months, months, but says that this refers to a "temporary easement," not the house. Therefore,
another interpretation could be thai the "temporary easement" is the 5,500 square feet. If so, then It would be logical that she is saying that Ihis 5,500 square feel easement was taken
for four months. But here the value of this taking is not disclosed? Finally, is the "temporary easement" different from, or the same as, the "somewhat permanent diagonal, non-consensual
easement across Plaintiffs yard and house where the drainage runs." If II is different, what is the value of this property? In order to clear up this confusion, I am respectfully requesting
that Ms. Milliken supplement her discovery responses to: 1) specifically identify each parcel of the Property that she contends was taken (Identifying the location and the square footage);
2) whether each such parcel of the Property was taken temporarily or permanently; and 3) state what she contends to be the fair market value for each parcel of the Property she contends
was permanently taken or the fair rental value for each parcel ofthe Property that she contends was temporarily taken. I would rather obtain this information without involving the court.
Therefore, if you could please provide this information within the next fourteen (14) days, I would appreciate it. If you need more time than that, please let me know and we can work
something oul. Otherwise, I will have to file a motion to compel. Should you have any questions, please contact me at the number listed above. Thanking you in advance for your time and
attention, . Sincerely, MARIS & LANIER, P.C. Enclosure 
SENT BV: 214 709 0921 ; JUL·29·04 4:31PMj PAGE 4/5 MR. THOMAS H. KEEN PAGE 3 JULY 28, 2004 cc: VIA FACSIMilE NO. 972·934·9200 Zach T. Mayer FEE SMITH SHARP & VITULLO, L.L.P. Three Galleria
Tower 13155 Noel Road, Suite 1000 Dallas, Texas 75240 
SENT BY: 214 706 0921 ; 􀁊􀁕􀁌􀂷􀀲􀀹􀀭􀁾􀁊􀀮􀀠4:31PM; PAGE 5/5 MR. THOMAS H. KEEN PAGE 4 JULY 28, 2004 bet: VIA FACSIMILE NO. 512-491...2366 Rickey Garen Texas Municipal League Intergovernmental
Risk Pool P.O. Box 149194 Austin, Texas 78754 VIA FACSIMILE NO. 972-450·2837 Mike Murphy Lynn Chandler Public Works Department Town of Addison P.O. Box 9010 Addison, Texas 75001 
214 706 0921 ; JUL-21l-C'l.!.· 2:57PU; PAGE 116r BV: 1450 Meadow Park Bldg.• LB 702 10440 N. Central Expressway Dallas, Texas 75231 TELECOPIER COVER SHEET PLEASE DEUVER TO ADDRESSEE
IMMEDJATELY Date: July 26, 2004 To: Rickey Garen Via Telecopier Number: (512)491-2366 To: Ken plppel Via Telecopier Number: (214)672-2020 To: Mike Murphy Via Telecopler Number: (9721450-2837
To: Lynn 􀁃􀁨􀁡􀁮􀁤􀁬􀁾􀁲􀀠Via Telecopier Number: (972)450-2837 To: Larry Dobbs Via Telecopier Number: (972) 722-8655 To: Charlie Johnson Via Telecopier Number: (9721 503·9143 To: Mark
W. Roberts Via Telecopier Number: (214)739-5961 To: Stan Randall Via Telecopier Number: (972)772-5314 To: Janice Moore Via Telscopier Number: (9721Z32-6003 From: Amy L. Walker. legal
Assistant Direct Phone Number (214) 706-0922 Direct Telecapier Number (214) 706-0921 Pages: Cover+ 5 IF YOU DO NOT RECEIVE ALL PAGES. PLEASE CALL Autna at: 214-706-0932 Re: File No.
607·066: Pat Milliken v_ Town of Addison Message: See attached Agreed Oreler Granting Contlnuance_ This case will not go forward on August 2, 2004. We will advise you when we receive
a new trial sattlng. _ Original will follow by mail _x_ Original will NOT follow by mail Th.., Information contained in thl1ll facsimile message II attorney privileged end confidential
information Intended only for the UlSe of the Individual or entity named IIIbove. If the reader of this menagela not the Intended I1Iciplent, you al1l hereby notlRed Ihat any unauthorized
dl8aemlnlllion, dlstrlbutlon or copying of tllis communication la atrlctly prohibited. If you hava received this communication In error, plNse immediately notify us by tillephone at
Ihe numbol'll listed. Thank you. 
SENT BV: 214 706 0921 ; JUL·2B·04 2:5ePM; PAGE 2/6 M&r.n.s & L&nier 1450 Meadow 􀁐􀁡􀁲􀁫􀀸􀁬􀁤􀁧􀁾􀀠LB 702 10440 N. Central Expressway Dallas, Texas 75231 214-706-0920 214·70e·0921 (FAX)
July 26,2004 VIA FACSIMILE Thomas H. Keen looper Reed & McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 VIA FACSIMILE Zach T. Mayer Fee Smith Sharp & Vitullo, LLP. Three Galleria
Tower 13155 Noel Road, Suite 1000 Dallas,Texas 75240 Re: Pat Milliken v. Town ofAddison, at 8/Cause No, 02-4715·F in the 116th District Court, DallaS County Fila No. 607-066 Dear Tom and Zach: Attached is a conformed copy of
the Agreed Order Granting Continuance. I met with the Judge today to get the enclosed order signed. He was concerned about the age of the case and wanted to 1131 all counsel know that
he plans on resetting this case for trial within the next six months. He aleo advised me that the order allOWing Legacy Bank to be joined as a party has been granted. Should you have
any questions, comments, or concarns, please do not hesitate to cali. Sincerely, MARIS & LANIER, P. alker sistanl to Robert F. Maris Enclosure 
􀁾􀀱􀀴􀀠700 0921 ; 􀁊􀁕􀁬􀀭􀁾􀁏􀂷􀁏􀁁􀀠2:59PM; PAGE 316SENT BV: bcc: VIA FACSIMILE Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.O. Box 149194 Austin. Texas 76754
(w/enc!.) VIA FACSIMilE Ken Dippel Cowles & Thompson 901 Main Street, Suite 4000 Dallas, TX 75202 (w/enc!.) VIA FACSIMILE Mike Murphy Lynn Chandler Public Works Department Town of Addison
P.O. Box 9010 Addison, Texas 75001 (w/enel.) VIA FACSIMILE Larry Dobbs Mike Shaw P.O. Box 2377 Rockwall, Texas 75067 (w/enel.) VIA EMAIL Stan Randali ASI Rout 6 Box 240 Sulphur Springs.
Texas 75462 (w/ancl.) VIA FACSIMILE Mark W. Roberts, P.E. Nathan D. Maier Consulting Engineers 8060 Park Lane, Suite 600 Dallas, Texas 75231 (wIant!.) VIA FACSIMILE Janice Moore 6011
Derek Trail Dallas, Texas 75252 (w/encl.) 
􀁾􀁪􀀴􀀠7M 0921 ; 􀁊􀁕􀁌􀂷􀀲􀁥􀂷􀁾􀀧􀀠􀁾􀀺􀀵􀁁􀁐􀁍􀀻􀀠PAGE 4/SSENT BV: CAUSE NO. 02-4715·F PAT MILLIKEN, § IN THE DISTRICT COURT § Plaintiff, § § v. § § 116th JUDICIAL DISTRICT . TOWN
OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG, PRESTON HOMES, § INC. and JON B. COLEMAN, § § Defendants. § DALLAS COUNTY, TEXAS AGREED ORDER GRANTING CONTINUANCE
On 􀁴􀁨􀁾􀁹of July, 2004, came on for consideration an Agreed Motion for Continuance filed Plaintiff and Defendants in this action. After having considered the parties' motion, the Court
is of the opinion that it should be GRANTED. It is therefore ORDERED. ADJUDGED and DECREED that: 1. The abolle-referenced case is hereby stricken from the Court's trial docket of August
2. 2004. 2. The parties are ordered to file an Agreed Scheduling Order in this case within thirty days after Defendant Legacy Bank enters an appearance in this case. This Scheduling
Order will include a proposed trial date. SIGNED on the 􀁾of 􀁾􀀺􀁊􀁕􀁁_ ,2004,O}___Robert H. Frost JUDGE PRESIDING ORDER GRANTING MOTION FOR CONTINUANCE PAGe 1 
214 70S 0921 ; 􀁊􀁕􀁌􀂷􀀲􀁂􀂷􀁾􀂷􀀠2:59PM; PAGE 5/6ENT BY: . . ....,.. AGREED: Thomas H. Keen Looper Reed & McGraw, P.C. 4100 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 ATTORNEY
FOR PLAINTIFF 􀀻􀁾􀁻􀀯􀁾􀁉􀀠􀁴􀀯􀁽􀁊􀀮􀁾􀀼􀀠􀁾􀁾􀀠 ch T. M yer r fee, Smith, Sharp & Vitullo, L.L.P. One Galleria Tower 13355 Noel Road, 51e. 1200 Dallas, Texas 75240 ATTORNEY FOR BUILDER
DEFENDANTS Robert f. Maris Maris & Lanier, P.C. 10440 N. Central Expressway Suite 1450 Dallas, Texas 75231 ATTORNEY fOR DEfENDANT TOWN OF ADDISION 607.0S6ICootinue.Ord ORDER GRANTING
MOTION FOR CONTINUANCE PAGE 2 
StNT BY: ; 214 70S 0921 JUI....,*,,,,,,I..uu..,-􀁾􀀮􀁟...... , PAGE 6/6 AGREE Thomas H. Kee Looper Reed & McGraw, P.O. 4100 Thlilnkaglvlng Tower 1601 Elm Street Dallas, TelUis 752D1
ATTORNEY FOR PLAINTIFF Zseh T. Mllyer Fee, Smith, Sharp &Vitullo. LLP. One Galleria Tower 133/3,5 Noel Road, Sle. 1200 Oelill. Texas 762040 ATTORNEY FOR BUILDER OEF.ENOANTS Robert 1=.
M.,Ia Marls & Lanillr. P.C. 10440 N. Central Expressway Suite 1450 Oallss, Telles 75231 ATTORNEV FOR DEFENDANT TOWN OF ADDISION ORDeR GRANTING MOTION rnR CQ!fifNUA(lICE . PAGE 2 
SEN,. BV: 214 70S 0921 ,JUL-22·" 11:10AMj PAGE 1/4 Marls & JL.anielI" 1450 Meadow Park Bldg., LB 702 10440 N. Central Expressway Dallas. Texas 75231 TElECOPIER COVER SHEET PLEASE DELIVER
TO ADDRESSEE IMMEDIATELY Date: July 22, 2004 To: Ricktw Geren Via Telecopier Number: (512)491-2366 To: Ken Dippel Via Telecopier Number: (214)672-2020 To: Mike Murphy Via T elecopier
Number: (9721450·2837 From: Robert F, Maris Direct Phone Number (214) 706-0925 Direct Telecopier Number (214) 706-0921 Pages: Cover + 3 IF YOU DO NOT RECEIVE ALL PAGES. PLEASE CALL Debbie
at: 214-706-0920 Re: Fjle No. 607-066; Pat Milliken Ii. Town of Addison Message: See attached letter dated July 22 and Order _ Original will follow by mail _x_ Original will NOT follow
by mail The Information contained In this faCSimile messege Is attorney privileged and confidential information Intended only for the U$. of Ih. IndiVidual or entity named above. If
the reader of thi' mes"age III notthe intended reCipient, you are hereby notified that any unauthorized dissemination, distribution or copying of thi, Gommunicatloll is strictly prohibited.
If you have received thiB communication In error, please Immediately notify us by telephone atlhl> nllmbel'$listlld. Thank YOII. 
214 7M 0921 ; JUL·22·0" 11 :101114; PME 2/4SENT BY: Marris & Lanierr 10440 N. Centra(Exp,essway Dallas, Texas'75231 214·706·0920 telephone ROBERT F. MARIS 214·70S'{)921 facsimile July
22, 2004 VIA FACSIMILE Rickey Garen Texas Municipal League Intergovernmental Risk Pool P.O. BOK 149194 Austin, Texas 78754 VIA FACSIMILE Ken Dippel Cowles & Thompson 901 Main Street,
Suite 4000 Dallas, TX 75202 VIA FACSIMILE Michael E. Murphy, P.E. Lynn Chandler Town of Addison 16801 Westgrove Drive Addison, Texas 75001·9010 Re: Pat Milliken v. City of Addison TML
Claim No. 0200085821 File No. 607·066 Dear Gentlemen: Enclosed is a copy of Judge Sims' Order on Summary JUdgment Most of Pat Milliken's claims against Town of Addison are dismissed
except to the extenlthat Pat Milliken can prove that the drainage system put in by the city exceeds the five foot easement on the western boundary. The five foot easement theory Is problematic
for Ms. Milliken for alleast two reasons: (1) the drainage system did not exceed the easement (we will need to eslablish positive proof of this); and (2) the Plaintiff has not advanced
a damage theory based on this easement theory. 
214 706 0921 ; 􀂷􀁊􀁕􀁌􀂷􀀲􀀲􀂷􀀰􀁾􀀠j 1: 10AM; PAGE 3/4SENT BV; July 22. 2004 Page 2 This case is currently on the court's trial docKet for August 2, 2004. However. all parties have
agreed to acontinuance inasmuch as Ms. Milliken is adding a new defendant. legacy Bank. At this point in time. we ought to consider trying to settle with Ms. Milliken for a nominal amount
of money and/or determine an objective way to demonstrate that the drainage system is within the easement and filing another Motion for Summary Judgment based on that fact. Please give
these matter your consideration and let me know how you would like to proceed. Sincerely, MARIS &LANIER, P.C. 􀁑􀁦􀁾􀀠Robert F. Maris RFM/dam Enclosure 
SENT BY: 214 706 0921 ; JUL-22-0A 11 :11AM; PAGE 4/4 CAUSE NO. 02-0471S-F PAT MILLIKEN ) IN THE DISTRICT COURT v. )) ) TOWN OF ADDISON, mE PRESTON ) DALLAS COUNTY, TEXAS GROUP DESIGNERS
AND BUILDERS, ) WILLIAM LONG, PRESTON HOMES, ) INC. and JON B. COLEMAN ) ]]6"11 JUDICIAL DISTRICT ORDER ON TOWN.OF ADDISON'S MOTION FOR S1,!MMARY JUDGMENT On the 7'h day ofJuly, 2004,
came on for bearing the Motion for Summary Judgment filed by Defendant Town of Addison ("Addisonlt). Upon consideration of Addison's Motion and Supplement to its Motion, the response
filed by Plaintiff Pat Milliken ("Plaintiff"), the papers on file with this court and the arguments ofcounsel, the Court is of the opinion that Addison's MOlion should be GRANTED in
parI, and DENIED in part as follows: IT IS HEREBY ORDERED, ADJUDGED IlI1d DECREED that Addison's Motion is granted as to Plaintiff's claims for negligence except to the eXlentthat Plaintiff
contends thaI Addison was negligent in constrtlcting a drainage system outside of the five (5) toot eaSement on the western boundary ofPlaintif{'s property_ IT IS FURTHER ORDERED ,ADJUDGED
and DECREED that Addison's Motion is grllntcd.aU\il.Plaintift's claim tor Irespass. .. " ..... . IT IS FURTHER ORDERED, ADJUDGED and DECREED that Addison's Motion is granted as to Plaintiffs
claim for unlawful diversion ofwater in its entirety. IT IS FURTHER ORDERED, ADJUDGED and DECREED that Addison's Motion is denied as to Plaintiffs claim for inverse condemnation.. SIGNED
this 􀁾􀁉􀀩􀀠day of 􀁾,2004. 􀀯􀁉􀁴􀁾􀁉􀀺􀀺􀁾􀀮 M. Kent Sims, Judge Presiding ORDER ON TOWN Of i\llllISON'S MOTION FOR 􀁾􀁕􀁍􀁍􀁁􀁒􀁖J\IIIGMENT Page I of I 
SENT ElY; 214 706 0921 PAGE 119 A Pl'Ofn-.i.;m"l CI>'PON,QOU 1460 Meadow Park Bldg" LB 702 10440 N. Central Expressway Dallas, Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE
IMMEDIATELY Date: July 20, 2004 To: Mike Murphy Via Telacopler Number: 972-450-2637 From: Amy L. Walker, Legal Assistant Direct Phone Number (214) 706-0922 Direct Telecopier Number (214)
706-0921 Pages: Cover + 8 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Autna at 1-214-706-0932 Re: Pat Milliken v, Town of Addison File No. 607-066 Message: See attached proposed Agreed
Motion/Order for Continuance. Please sign the Motion and fax your signature paga back to me, Thanks . .___ Original will follow by mail _x_ Original will NOT follow by mail The information
c:or'ltetned In this. rec.lm". message is attornay prtvlleged end 􀁬􀀻􀀱􀁯􀁮􀁦􀁩􀁤􀀮􀁬􀁜􀁴􀁾􀁩􀀻􀁬􀀧􀁊􀁮􀁦􀁯􀁲􀁭􀁡􀁴􀁊􀁯􀁮􀀠IntC'ndl1d only for the o.e of lhe IndlvlduDI or enUty nemsd
above-. J1 ttl. NlIader of thie: mG&$ll8*la not thalntunded rtclple"t, youare hereby notitied that an), uneuthorlud dl...mination, di,tributiol'j orQopy.ng o.f this communication I"
lInd}), prohibited. Ifyou have rot;.tJvett this communicltion in .rrOI, pieul tmm.dlalaly notify \.1$ by tal.phon. at the numbers listed. Thank you. 
􀁓􀁾􀁎􀁔􀀠BY: 214 706 0921 ; JUL-20-04 9:54AM; PAGE 2/9 Maris & Laniel[" 1450 Meadow Park Bldg., L8 702 10440 N. Central Expressway Dallas, Texas 75231 214-706-0920 214-706-0921 (FAX)
July 20, 2004 VIA FACSIMILE Thomas H. Keen Looper Reed & McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 VIA FACSIMILE Zach T. Mayer Fee Smith Sharp & Vitullo, L.L.P. Three Galleria
Tower 13155 Noel Road, Suite 1000 Dallas. Texas 75240 . Re: Pat Milliken v. Town ofAddison, et al Cause No. 02-4715-F in the 116th District Court, Dallas County File No. 607·066 Dear
Tom and Zach: We have contacted the Court and we have detennined that Judge Frost will not continue this case without the filing of an Agreed Motion for Continuance, and the clients
must sign the motion. I have drafted a proposed Motion and Order which are attached. Please review and if the pleadings are proper. please sign where indicated and return your fal( signatures
to me as soon as possible. Sincerely, , .C . . Walker Assistant to Robert F. Maris Enclosure 
Enclosure SENT BY: 214 706 0921 ; JUL·20·04 9:55AM; PAGE 3/9 bee: VIA FACSIMILE Mike Murphy Public Works Department Town of Addison P.O. Box 9010 Addison, Texas 75001 (wI encl.) 
IT BY: 214 706 0921 ; JUL·20·04 9:55AM; PAGE 4/9 CAUSE NO. 02-4715-F PAT MILLIKEN, § IN THE DISTRICT COURT § Plaintiff, § § v. § § 116th JUDICIAL DISTRICT TOWN OF ADDISON, THE PRESTON
§ GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG, PRESTON HOMES, § INC. and JON B. COLEMAN, § § Defendants. § DALLAS COUNTY, TEXAS AGREED MOTION FOR CONTINUANCE Plaintiff, Pat Milliken,
joined by Defendants, Town of Addison, The Preston Group Designers and Builders, William Long, Preston Homes, Inc. and Jon B. Coleman, request that the trial of this case be continued.
In support of this motion, the parties state as follows: 1. This case is presently set for trial on August 2, 2004. 2. This case involves inter alia the use of certain real estate in
Dallas County. Defendants Jon Coleman and Preston Homes, Inp., previously owned one of the tracts at issue in this case. Plaintiff has recently found out that the Coleman/Preston Homes,
Inc. tract has been foreclosed upon by Legacy Bank. Inasmuch as Legacy Bank is now the owner of the affected property, it is imperative that the bank be added as a party defendant in
this case. On or about July 7, 2004, Plaintiff flied an Agreed Motion to add Legacy Bank as a defendant. This motion is presently pending before the Court. AGREED MOTIQN FOR CONTINUANCe:
PAGE 1 
SENT BV: 214 706 0921 i JUl·20·Q4 9:55AM; PAGE 5/9 3. The parties have conferred and they have agreed that the continuance will be necessary to bring Legacy Bank into the case. The parties
anticipate that they will confer and agree upon a scheduling order, including a new trial once Legacy Bank makes an appearance. Respectfully submitted, MARIS & LANIER, P.C. Robert F.
Maris State Bar No. 12986300 Marigny A. Lanier State Bar No. 11933200 Michael J. McKleroy. Jr. State Bar' No. 24000095 1450 Meadow Park Building 10440 N. Central Expressway Dallas, Texas
75231· 214-706-0920 telephone 214-706-0921 facsimile ATTORNEYS FOR DEFENDANT TOWN OF ADDISON AGREED: Plaintiff, Pat Milliken Thomas H. Keen Looper Reed & McGraw, P.C. 4100 Thanksgiving
Tower 1601 Elm Street Dallas, Texas 75201 ATTORNEY FOR PLAINTIFF AGREED MOTION FOR CONTINUANCE PAGE 2 
,NT BY; 214 706 0921 ; ·JUL ·20·04 9;55AM; PAGE 819 Defendant. The Preston Group Designers and Builders Defendant, William Long Defendant, Preston Homes. Inc. Defendant. Jon B. Coleman
Zach T. Mayer Fee, Smith, Sharp & Vitullo, L.L.P. One Galleria Tower 13355 Noel Road, Sle. 1200 Dallas, Texas 75240 ATIORNEY FOR BUILDER DEFENDANTS Defendant. Town of Addison 􀁂􀁹􀀺􀁾􀀱􀀮􀁾􀀠Printed
Name: MI("gAfe/e. A/vfZ.fIIj 􀁾􀀧􀁚􀁉􀀯􀁄􀀱8QRllEP MOTION FOR CONTINUANCE PAGEl 
SENT BY: 214 7()6 ()921 ; JUL·20·04 9:55AM; PAGE 7/9 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing instrument has been served in accordance
with Rule 21a of the Texas Rules' of Civil Procedure on this the __ day of July, 2004, to: Thomas H. Keen Looper Reed 8. McGraw, P.C. 4100 Thanksgiving Tower 1601 Elm Slreel Dallas,
Texas 75201 Zach T. Mayer Fee, Smith, Sharp & Vitullo, 1.1.P. One Galleria Tower . 13355 Noel Road, Ste. 1200 Dallas, Texas 75240 Robert F. Maris 607.0SS\Conlinve.Agr 8GREEO MOTIQN FOR
CONTINUANCE PAGE4 
,NT BY: 214 70S 0921 ; JUL-20·04 9:55AM; PACE 8/9 CAUSE NO. 02·4715·F PAT MILLIKEN, § IN THE DISTR!CT COURT § Plaintiff, § § v. § § 116th JUDICIAL DISTRICT TOWN OF ADDISON, THE PRESTON
§ GROUP DESIGNERS AND BUILDERS, § WILLIAM LONG, PRESTON HOMES, § INC. and JON B. COLEMAN, § § Defendants. § DALLAS COUNTY. TEXAS AGREED OROER GRANTING CONTINUANCE On the __ day of July.
2004, came on for consideration an Agreed Molion for Continuance tiled Plaintiff and Defendants in this action. After having considered the parties' motion, the Court is of the opinion
that it should be GRANTED. It is therefore ORDERED, ADJUDGED and DECREED that: 1. The above-referenced case is hereby stricken from the Court's trial docket of August 2, 2004. 2. The
parties are ordered to file an Agreed Scheduling Order in this case within thirty days after Defendant Legacy Bank enters an appearance In this case. This Scheduling Order will include
a proposed trial date. SIGNED on the __day of ________, 2004. JUOGE PRESIDING ORDER GRANTING MOTION FOR CONTINUANCE PAGE 1 
:NT BY: 􀁾􀀱􀀴􀀠706 0921 ; JUL·20·04 9:56AM; PAGE 9/9 AGREED: Thomas H, Keen Looper Reed & McGraw, p.e. 4100 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 ATTORNEY FOR PLAINTIFF
Zach T, Mayer Fee, Smith, Sharp & Vitullo, LLP. One Galleria Tower 13355 Noel Road, Ste, 1200 Dallas, Texas 75240 ATTORNEY FOR BUILDER DEFENDANTS Robert F. Maris Maris & Lanier, P.C.
10440 N, Central Expressway Suite 1450 Dallas, Texas 75231 ATTORNEY FOR DEFENDANT TOWN OF ADDISION 607,056\Conlillue.Ord ORDER GRANTING MOTION FOR CONTINUANCE PAGE 2 
Maris & Lanner 146Q Meadow 􀁐􀁡􀁲􀁾􀀠Bldg,. LB 702 10440 N. Central Expressway Dallas, Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Dale; July 12.2004 To:
Mike Murphy Via Telecopler Number: 972-450-2837 From: Amy l. Walker. legal Assistant Direct Phone Number (214) 706-0922 Direct Telecopier Number (214) 706-0921 Pages: Cover + /1---IF
YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Autna at: 1-214-706-0932 Re: Pat Milliken v. Town of Addison File No. 607-066 Message: See attached Fourth Supplemental Responses to Disclosures.
_ Original will follow by mail _x_ Original will NOT follow by mail The Infofmltlon contJfn.d in thi. facllmilamN••g. i••Homey privileged '''0 confldenUal {nformatlon 'ntended only forthe
""0 ofth.lndividlJll1 oren!lty nom.d abov., Jrthorndaro/lllls m....1l" isnollllelnl4tnded ....Ipl.nt. yoUl'" h.robynollnud tlte! any una\Athortz.ed diuemlnatlofl., dlstrJbvtion orcopytneofthi.
commuf'ilc.-Uon 18 strictly prohibtted, Ifyou have rocetved lhfa communicaUon In error, pl ...e Immtdlately notUy UI by telephone at the number.lJllted. Think you. e", 30'ld ,<::60 SOL
􀁾􀀬􀁾􀀠􀀺􀁾􀁥􀀠lN3S 
Maris & Lanier 1450 Me<ldow Park Bldg., lB 702 10440 N. Central EXPfes:>way Dallas, Tex... 75231 214-706-0920 214-706-0921 (FAX) July 12, 2004 VIA FACSIMILE Thomas H. Keen Looper Reed
& McGraw 1601 Elm Stre&t. Suite 4100 Dallas, Texas 75201 VIA FACSIMILE Zach T. Mayer Fee Smith Sharp & Vitullo. 1.1.P. One Galleria Tower 13355 Noel Road, Suite 1200 Dallas, Texas 75240
Re: Pat Milliken v. Town ofAddison, a/a/Cause No. 02-4715-F in the 116th District Court, Dallas County File No. 607-066 Dear Tom and Z"ch: Attached please find Defendant Town of Addison's
Fourth Supplemental Response to Plaintlrt's Rule 194 Request for Dlsolosure. Should you have any q uestkms, comments, or concerns, please do not hesitate to call. Ik Assistant to Robert
F. Maris Sincerely, Enclosure eft;:: 30Vd 􀁾􀁾􀀶􀀰􀀠SOL 􀁹􀁾􀀻􀀺􀀺􀀠 'I.e J.N3S 
bee: VIA fACSIMILE Mike Murphy Public Works Departmen1 Town of Addison P.O. Box 9010 Addison, Texas 75001 (wI enel.) • afie 30Vd :i\\l lN3S 
CAUSE NO. 02-4715·F PAT MILLIKEN, § IN THE DISTRICT COURT § Plaintiff, § § v. § § 116th JUDICIAL DISTRICT TO\I\IN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BuilDERS, § WILLIAM LONG,
PRESTON HOMES, § INC. and JON 8. COLEMAN, § § Defendants. § DALLAS COUNTY, TEXAS DEFENDANT TOWN OF ADDISON'S FOURTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE
COMES NOW Defendant Town ofAddison ("Addison") and, pursuant to Rules 194 Of the Texas Rules of Civil Procedure, timely responds to the Request for Disclosure served by Plaintiff Pat
Milliken ("Plaintiff'). In support thereof, Addison respectfully shows the following: 194.2 (a) The correct names of the parties: ANSWER: Plaintiff: Pat Milliken; Defendant: Town of
Addison; Defendant: The Preston Group D,?signers and Builders; Defendant: Preston Homes, Inc.; Defendant: William long; and Defendant: Jon B. Coleman 194.2 (b) The name. address, and
telephone number of any potential parties: ANSWER: Achariya K. Watters, 14911 Lake Forest Drive, Addison, Texas 75001. DEFENDANT TOWN OF ADDISON'S FOURTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S
RULE 194 REqUEST FOR DISCLOSURE PAGE 1 ,eeo SOL y,e 
194.2 Ie) Legal theories anc! factual bases of the Defendant's claims and defenses: ANSWER: Addison generally denies each and every allegation set forth by Plaintiff. Arguing further,
and in the affirmative, Addison asserts the following affirmative defenses: Sovereign Immunity. Addison asserts that Addison is immune from liability to Plaintiff. A municipality, such
as Addison, is immune from liability arising its governmental functions. The planning and construction of drainage improvements is a governmental function. Therefore, Addison is immune
from Plaintiff's claims arising from the planning and construction of drainage improvements. No Waiver of Immunity under TEX,CIV.PRAC.&REM.CODE §101.Q21. Addison asserts that Addison
has not waived its sovereign immunity for Plaintiff's neg ligence claims under the Texas Tort Claims Act. §101.021 of the Texas Civil Practice and Remedies Code provides the exclullive
means by which a municipality may waive its sovereign immunity. Addison asserts that it has not waived its sovereign immunity under §101.021 for the reason that; I) there is no causal
connection between the "operation or use of a motor-driven vehicle or motor-driven equipment" and the claimed injury; iI) the injury complained ofby Plaintiff did not arise from negligence
of an employee of Addison; and/or iii) the injury complained of by Plaintiff did not arise from the operation or use of a motordriven vehicle or motor driven equipment by an employee
ofAddison. Therefore, Addison has not waived Its sovereign immunity for Plaintiffs claims of negligence. No Waiver of Immynity under TEX,Cly.PBAc.&REM.CODE §101,057. Addison asserts
thai Addison has notwaived its sovereign immunity for intentional tort claims under DEFENDANT TOWN OF ADDISON'S FOURTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR QlSCLOSURE
PAGE 2 􀀱􀁾􀀶􀀰􀀠SO.l. P 􀁉􀁾􀀠
the Texas Tort Claims Act. §101.057 of the Texas Civil Practice and Remedies Code provides an explicit exception to·the Texas Tori Claim Act's waiver of Immunity from suit. Therefore,
Addison has not waived lis sovereign immunity for intentional tort claims asserted by Plaintiff, including Plaintiffs claim of trespass and damage to real property. Comparative Negligence.
Addison requests that this Court direct the trier offact in this matter, after a trial on the merits, to determine the percentage of responsibility of Plaintiff, each defendant named
in this suit and each responsible third-party, who may include the owner of the adjacent property immediately to the north of Plaintiff, pursuant to Chapter 33 ofthe Texas Civil Practice
and Remedies Code. Contributory Negligence. Addison asserts that any negligence found by the trier of fact to be a proximate cause of the damages claimed by Plaintiffwhich are attributed
to the Plaintiff should be applied to diminish the liability and damages sought by Plaintiff Plaintiff from Addison. Waiver and Estoppel. Plaintiff has waived, and is estopped from,
asserting damages arising from the planning and construction of drainage improvements, including damages arising from the ingress and egress Plaintiffs property for that purpose, for
the reason that Plaintiff implicitly and explicitly authorized, consented to or ratified such acts and Addison reasonably relied upon Plaintiffs authorization, consent or ratification.
Failu!,& to Mitigate Damages. Addison asserts that any damages sought to recovered by Plaintiff should be reduced to the extent that Plaintiff has failed to take the reasonable sleps
that a person of ordinary prudence in a similar situation would havetaken to avoid the claimed damages. OEFENOANTTOWN OF ADDISON'S FOURTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 1B4
RliiQUEST FOR DlSCLOSIJRE PAGE 3 9 fl9 3tlVd :1.11 !N3S 
194.2(d) The amount and method of calculating economic damages, ANSWER: Not applicable. 194.2(e) Name, address, and telephone number of persons having knowledge of relevant facts, and
brief statement of each identified person's connectiotl with the case: A.NSWER: Pa t Milliken 14905 Lake Forest Drive Addison, Texas 75001 Plaintiff in the above-referenced cause, Thomas
H. Keen Looper Reed &McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 214·954-4135 Attorney for Plaintiff. Communicated with Addison officials regarding remediation work. Jon Coleman
The Preston Group 2301 Ohio, Suite 235 Plano, Texas 75093 214-924-9009 Defendant. Builder of property to the immediate south of Plaintiff. William Long . The Preston Group Designers
&Builders. Inc. 2301 Ohio, Suite 235 Plano, Texas 75093 469-241-9911 Defendant. Builder ofproperty to the immediate south of The Presion Group property. DEFENDANT TOWN OF ADDISON'S FOURTH
SUPPLEMENTAL RESPONSE TO PLAtNTlFF'S RULE 194 REQUEST FOR DiSCLOSURE PAGE 4 eUL 30Vd 􀀧􀁾􀀶􀀰􀀰􀀠90L 1>., :Aa .LN3S 
Michael E. Murphy, P.E. Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2880 Director of Public Works. for Addison. Knowledge of the condition of the Plaintiff's
property at all times relevant to this lawsuit. Communicated with Plaintiff about complaints to the property and remediation efforts. Steve Chutchian Town of Addison 16801 Westgrove
Drive Addison, Texas 75001-9010 972-450-2880 Assistant City Engineer. Knowledge of the condition of the Plaintiff's property at all times relevant to this lawsuit. Communicated with
Plaintiff about complaints to the property and remediation efforts. Ron Whitehead Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2880 City Manager for the Town
of Addison. Responded to a telephone call from Plaintiff in the middle of the night. Chris Terry Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2880 Assistant
City Manager for the Town of Addison. Met with Plaintiff to discuss remediation possibilities. Lynn Chandler Les Folse Carmen Moran Town of Addison 16801 Westgrove Drive Addison, Texas
75001-9010 972-450-2880 Building Inspection Department for Addison. Issued building permits to Defendant Builders and have knowledge of condition of the property. DEfENDANT TOWN OF ADDISON'S
FOURTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REqUEST FOR DISCLOSURE PAGE 5 eue 30Vd 
Dave Wilde Town of Addison 16801 Westgrove Drive Addison, Texas 75001·9010 972-450-2880 Inspector for the Town of Addison. Knowledge of the condition of the Plaintiffs property at all
times relevant 10 this lawsuit. Took photographs of the property Slade Strickland Ron Lee Town of Addison 16801 Westgrove Drive Addison, Texas 75001·9010 972-450"2880 . Parks and Recreation
Department for the Town of Addison. Have knowledge of the condition of the Plaintiffs property and trees. Jim Bowman Bowman Construction 10209 Plano Road Dallas. Texas 75238 214-349-2884
Construction firm hired by Addison to perform remediation work on Plaintiff's property. Larry F. Smith, P.E. Brian C. Eubanks. M,S.CE, E.I,T, Larry Smith Engineering 2115 Teakwood lane,
Suite 450 Plano. Texas 75075 972-964-2161 Engineering firm retained by Defendant Builders. Don Cross Mike Phillips C & C Engineering, Inc, 12021 Plano Road, Suite 190 DaUas, Texas 75243
972-680-2164 Engineering firm retained by Defendant Builders. DEFENDANT TOWN OF ADDISON'S ADDISON'S FOURTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REqUEST FOR DISCLOSURE PAGE 6
aUG 30Vd 􀀱􀁾􀀶􀀰􀀠SOL 􀀢􀁉􀁾􀀠:AS J.N3S 
Christian D. laettner 3325 Eagle Bluff Road Mound, Minnesota 55364·8596 Former neighbor (to the immediate south) of Defendant The Preston Group Designers & Builders, Inc. Achariya K.
Watters 14911 Lake Forest Drive Addison, Texas 75001 . Neighbor (to the immediafe north) of Plaintiff. Jim Pierce Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2660
Assistant Director of Public Works for Addison. Knowledge of the condition of the Plaintiffs property on June 29, 2004 at the time videotape (Bates Labeled Addison 598) was recorded.
194.2 (f); Testifying experts: (1) the expert's name, address and telephone number: ANSWER: Michael E. Murphy, P.E. Town of Addison 16801 Westgrove Drive Addison, Texas 75001-9010 972-450-2860
Charles D. Johnson 4106 Courtshlre Dallas, Texas 75229 912-503·9314 Robert Stanley ("Stan") Randall, Jr. Robert Stanley ("Roberr) Randall, III Arboricultural Systems Integration Route
6, Box 240 Sulphur Springs. Texas 75482 Larry E. Dobbs, MAl DEFENDANT TOWN OF ADDISON'S FOURTH SUPPLEMENTAL PAGE 7RESPONSE TO PLAINTIFF'S RULE 1941tEQUEST FOR DlSCLOSUR§ e,to, 30Vd ';,e
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Mike Shaw, MAl Larry E. Dobbs, MAl. Inc. 105 North Alamo Rockwall, Texas 75087 Mark W. Roberts, P.E. Nathan D. Maier Consulting Engineers eo eo Park Lane, Suite 600 Dallas, Texas 75231
214-739-4741 phone 214·739.5961 fax Robert F. Maris Maris & lanier, P.C. 10440 N. Central Expressway, Suite 1450 Dallas, Texas 75231 214-706-0920 Janice Moore 6011 Derek Trail Dallas,
Texas 75252 972-732-6000 l2) the subject malter on which the expert wililestify; ANSWER: Mr. Murphy. Mr, Murphy is expected to provide rebuttal testimony to the opinions given by Plaintiff's
experts on the sufficiency of the drainage plans and development by the Developer Defendants. In addition. Mr, Murphy is expected to provide expert testimony regarding the drainage system
installed on the Property and the condition of the drainage on the Property at all times rele,vant to this litigation, including the present. Mr. Johnson. Mr. Johnson is expect to provide
expert rebuttal testimony 10 the opinions given by Plaintiff's expert on the cost to repair any physical damage to the Property, DEFENDANT TOWN OF ADDISON'S FOURTH SUPPLEMeNTAL RESPONSE
TO PLAINTIFF'S RUle 194 REQUEST FOR PISCLOSUBE PAGES 􀀺􀁾􀁡􀀠.LN3S 
Messrs. Randall. Messrs. Randall are expected to provide testimonyabout the reasonable and necessary costs to replace and/or repair the trees that the Plaintiffs claim were damaged. Messrs. Randall are further expected to provide testimony about the
contribution of the drainage of the Property to any damages suffered by Plaintiff. Mr. Dobbs and Mr. Shaw. Mr. Dobbs and Mr. Shaw are expected to provide testimony about the diminution
tn value, if any, of the Property. Mr. Roberts. Mr. Roberts is expected to provide expert testimony about the sufficiency of the drainage plans, the sufficiency of the storm drainage
system, and the effect (or lack thereof) of the construction by the Developer Defendants on the drainage on the Property. Mr. Maris. Mr. Marls is expected to provide rebuttal testimony
to the opinions given by Plaintiffs expert on the reasonableness ofattorneys' fees allegedly incurred by Plaintiff in this litigation. Ms. Moore: Ms. Moore will testify concerning the
sale value of Plaintiffs property. property. (3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is
not retained by, employed by, or otherwise subject to your control, documents reflecting such Information; ANSWER: Mr. Murphy. Mr. Murphy Is expected to testify that the drainage plans
submitted by the Developer Defendants were sufficient to provide adequate drainage to the Property and to avoid flooding had they been installed properly and in a timely manner. Mr.
Murphy is further expected to testify that the drainage problems, if any, experienced by the Plaintiff DEFENDANT TOWN OF ADDISON'S FOURTH SUPPlEMENTAL RESPONSE TO PLAINTIff'S RULE 194
REQUEST FOR DISCLOSURE PAGE \J 􀁡􀁬􀀯􀁾􀀱􀀠31lVd 􀀱􀁾􀀶􀀰􀀠90£ 􀁉􀀧􀁉􀁾􀀠:AS 1M3S 
existed from conditions 􀁵􀁮􀁲􀁥􀁬􀁡􀁴􀁾􀁤􀀠to the Developer Defendants and in the control of the Plaintiff. Specifically, Mr. Murphy is expected to testify that the natural slope of
the backyard of the Property, the configuration of the back part of the house, Ihe location of the retaining wall between the Property and the Watters' Property and the iII-maintained
condition of the gutters, down-spouts and french drains on the Property contributed 􀁴􀁾􀀠the collection of rain water falling on the Property, remaining on the Property and collecting
on the rear patio of the Property that was the proximate cause of the Plaintiffs flooding. Mr. Murphy is further expected to testify that any drainage problems arising outside of the
Property were remedied by the installation of the drainage system, Mr. Johnson. See report attached to Defendant Town of Addison's Second Supplemental Response to Plaintiffs Rule 194
Request for Disclosure. Messrs. Randall. See report attached to Defendant Town of Addison's Second Supplemental Response to Plaintiffs Rule 194 Request for Disclosure. Mr Dobbs and Mr
Shaw. See report attached to Defendant Town of Addison's Second Supplemental Response to Plaintiffs Rule 194 Request for Disclosure. Mr. Roberts. See report attached to Defendant Town
of Addison's Second Supplemental Response to Plaintiff's Rule 194 Request for Disclosure. Mr. Maris. It Is Mr. Maris's opinion that the $150,000.00 to $200,000.00 range of attorneys
fees estimated by Plaintiffs attorneys' fees expert Is not areasonable fee for this case. Subject to, and without waiving, the foregoing. Mr. Marls will testify that, based upon a review
of the file, it is their opinion that Plaintiff has brought no legitimate claim upon which an award of attomeys' fees may be authorized and awarded. Therefore, it is Mr. DEFENDANT TOWN
OF ADDISON'S FOURTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 114 REqUEST FOR DISCLOSURE PAGE 10 :Aij lN3S 
! 
Maris's opinion that no attorneys' fees were reasonably incurred and should be awarded. Subject 10, and without waiving, the foregoing, it is of the opinion of Mr. Maris that: 1) the
hourly rate charged of $175.00 per hour ($75.00 assistant time), is a reasonable fee; 2) the reasonable and necessary amount of time that can 􀁥􀁾􀁥􀁣􀁴􀁥􀁤􀀠to be expended by Plaintiffs
attorney in the prosecuting of Plaintiffs claims is no more than fifty (50) hours; and 3) the total attorneys' fees and expenses incurred by Plaintiff through trial should not exceed
$8,750.00. Ms. Moore: Ms. Moore will testify that given the neighborhood and developments surrounding Plaintiffs property, that the property located at 14905 Lake Forest Drive, Addison,
Texas 75001 would sale for lot value only. (4) ifthe expert is retained by, employed by, or otherwise subject to your control: (A) all documents, tangible things, reports, models, or
data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and ANSWER: Mr. Mumhy. Mr. Murphy's testimony is
formed, primarily, from his personal observations of the Property. To the extent that Mr. Murphy reviewed documents, they may be made available at the law offices of Maris & Lanier,
p.e., 10440 N. Central Expressway, Suite 1450, Dallas, Texas 75231 upon reasonable request. Mr. Johnson, Mr.•Iohnson has reviewed the letter dated JanLlary 8, 1998 prepared by Mr, Bob
Parker, PMS Property Services, as well as photographs taken of the Property on June 3,2003, a videotape laken of the Property on June 3, 2003 and the appraisal DEFENDANT TOWN OF ADDISON'S
FOURTH SUPPLEMENTAL PAGE 11RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE :A8 lNilS 
report prepared by Clyde Crum. Messrs. Randall. Mr. Randall has relied upon his personal observations of the Property. Mr. Dobbs and Mr. Shaw. Will supplement per Rule 11 Agreement with
Plaintiff. Mr. Roberts. Mr. Roberts has relied upon his personal observations of the Property, the drainage plans prepared by Kyle Corey and the storm drainage plan. Mr. Maris. Other
than the litigation file, of which Plaintiff should have a copy of all non-privileged documents, no documents have been reviewed or prepared at this time. At such time when documents
become available, they may be made available at the law offices of Maris & Lanier, P.C., 10440 N. Central Expressway, Suite 1450, Dallas, Texas 75231 upon reasonable request. Ms. Moore:
Ms. Moore's opinion is based primarily on herpersonale)(perience and expertise in selling houses in the Addison area and specifically in Plaintiff's neighborhood. To the extent that
Ms. Moore reviewed documents, they may be made available at the law offices of Maris & Lanier, P.C., 10440 N. Central Expressway, Suite 1450, Dallas, Texas 75231 upon reasonable request.
(8) the expert's current resume and bibliography. ANSWER: Mr, Murphy. See resume attached to Defendant Town of Addison's Second Supplemental Response to Plaintiff's Rule 194 Request
for Disclosure. Mr. Johnson. See resume attached to Defendant Town of Addison's Second Supplemental Response to Plaintiff's Rule 194 Request for Disclosure. DEFENDANT TOWN OF ADDISON'S
FOURTH SUPPLEMENTAL PAGE 12RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE 􀁥􀁵􀁳􀁾􀀠30Vd 􀁾􀁾􀀶􀀰􀀠SOL 􀁪􀀾􀁾􀁾􀀠'AS .LN3S 
Messrs. Randall. See resume attached to Defendant Town of Addison's Second Supplemental Response to Plairitiff's Rule 194 Request for Disclosure. Mr. Dobbs and Mr. Shaw. For Mr. Dobbs,
see resume attached to Defendant Town of Addison's Second Supplemental Response to Plaintiff's Rule 194 Request for Disclosure. Not available for Mr. Shaw. Mr. Roberts. Not available,
will supplement if becomes available. Mr. Maris. See resume attached to Defendant Town of Addison's Second Supplemental Response to Plaintiff's Rule 194 Request for Disclosure. Ms. Moore;
See resume attached hereto. 194.2 (g) Indemnity and 􀁩􀁮􀁳􀁾􀁲􀁩􀁮􀁧􀀠agreements described in Rule 192.3(1); ANSWER: Not applicable. 194.2 (h) Settlement agreements described in Rule
192.3(g): ANSWER: Not applicable. 194.2 (i) Witness statements described in Rule 192.3(h}: ANSWER: None atthis time. However, it is an1icipated that depositions ofparties and third-party
witnesses will be taken. At such time, a copy of said depositions will be made available 10 each party. 194.2 (J) In a suit alleging physical or mental injury and damages from the occurrence
that is lhe subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authoriZation permitting the disclosure
of such medical records and bills. ANSWER: Not applicable. DEFENDANT TOWN OF ADDISON'S FOURTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST FOR DISCLOSURE PAGE 13 
194.2 (k) In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party
by virtue of an authorization furnished by the requesting party. ANSWER: Not applicable. Respectfully submitted, MARIS & LANIER, P.C. Robert F. Maris State Bar No. 12986300 Marigny A.
Lanier State· Bar No. 11933200 Michael J. McKleroy. Jr. State Bar No. 24000095 10440 N. Central Expressway Suite 1450, LB 702 Dallas. Texas 75231 214,706·0920 telephone 214-706-0921
facsimile AlTORNEYS FOR DEFENDANT TOWN OF ADDISON DEFENDANT TOWN OF ADDISON'S FOURTH SUPPLEMENTAL PAGE 14RESPONSE TO PLAINTIFF'S RilLE 194 REQUEST FOR DISCLOSURE :Ae J.N3S 
CERTIFICATE OF SERVICE This is to certify that a true, correct and complete copy of the foregoing instrument has been served in accordance with Rule 21a of the Texas Rules of Civil Procedure
on July 12,2004 to: Thomas H. Keen Looper Reed & McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 VIA FACSIMILE AnthOny Vitullo Zach Mayer Fee, Smith, Sharp & Vitullo, LLP One
Galleria Tower 13355 Noel Road, Suite 1200 Dallas, Texas 75240 VIA FACSIMILE Robert F. Maris DEFENDANT TOWN OF ADDISON'S FOURTH SUPPLEMENTAL RESPONSE TO PLAINTIFF'S RULE 194 REQUEST
FOR DISCLOSURE PAGE 15 
Maris & Lanier 1450 Meadow Park Bldg .. LB 702 10440 N. Central Expressway Dallas, Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Date: July 12,2004 To: Mike
Murphy Via Telecopier Number: 972450·2831 From: Amy L Walker, Legal Assistant Direct Phone Number (214) 706-0922 Direct Telecopier Number (214) 706-0921 Pages: Cover+ J.. IF YOU DO NOT
RECEIVE ALL PAGES, PLEASE CALL Autna at: 1·214-706·0932 Re: Pat Milliken v, Town of Addison File No. 􀀶􀀰􀀷􀁾􀀰􀀶􀀶􀀠Message: See attached letter re: videotape. _ Original will follow
by mail _x_ Original will NOT follow by mail The Information contatned In this facsImile messago II attomey prMlegld ami confidenlillJ information intended only for the un .rth.lndlvidull
onnllty named above. IUhe ,"dar01 thlo ,nellleo.la nol Ih.lnt.ndod 􀀢􀀬􀁣􀁬􀁰􀁬􀀮􀁮􀁾􀀠yOU ...h.,.by notln.d that.ny unauthorizld din.minalion, diatribulion or copying of thlill 􀁣􀁯􀁭􀁭􀁵􀁮􀁬􀁾􀁊􀁯�
�Isslrl(;tly prohibited. IfyoFJ have rectlYed this eommunJcatJon In error. pltast Immedlate-Iy notify UB by tel.phone at ,he hUmbvrlli listed. Thank you. , 3\lVd 􀀬􀁾􀀶􀀰􀀠901. 􀁪􀀱􀀬􀁾􀀠:,,8
.LN3S 
Maris & Lanier 1450 Meadow Park Bldg.. LB 702 10440 N. Central Expressway Dallas, Texas 75231 214-706·0920 214·706·0921 (FAX) July 12, 2004 VIA CERTIfIED MAIL NO. 7003 1680000428136836
Thomas H. Keen Looper Reed & McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 VIA CERTifiED MAIL NO. 70031680 0004 2873 6829 Zach T. Mayer Fee Smith Sharp & Vitullo, l.LP. One
Galleria Tower 13355 Noel Road, Suite 1200 Dallas, Texas 75240 Re: Pat M;ttiken v. Town ofAddison, et al Cause No. 02-4715-F in the 1161h District Court, DallaS County File No. 607-066
Dear Tom and Zach: Enclosed please find a videotape being produced by the Town of Addison, which has been bates labeled Addison 598. This videotape was taken by Mike Murphy on June 29,2004.
Should you have any questions, comments, or concerns. please do not hesitate to call. Sincerely, ..C . . Walker :t\ssistant to Robert F. Maris Enclosure 
bee: VIA FACSIMILE Mike Murphy Publie Works Department Town of Addison P.O. Box 9010 Addison, Texas 75001 (w/o encl.) SIS 30'1d 􀁾􀁣􀀶􀀰􀀠90L. 􀁉􀀧􀁾􀁣􀀠'lie .LN3S