SENT BY: 214 706 0921 OCT-27-031,2:06PM; PAGE 1/4 Maris & Lanier A Professional Corporation 1450 Meadow Park Bld£" LB 7G2 10440 N, Central Expressway Dallas, Tox.s 75231 TELECOPIER COVER
SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Date: October 27,2003 To: Rickey Garen Via Telccopier Number: (512)491-2366 To: Ken Dippel Via Telecopier Number: (214)672-2020 To: Mike
Murphy Via Telecopier NWllber: (972)450-2837 From: Amy L Walker, Legal Assistant Direct Phone Number (214) 706-0922 Direct Telecopier Number (214) 706-0921 Pages: 􀁣􀁯􀁶􀁥􀁲􀀫􀁾􀀠IF
YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Aulna at: 214-706-0932 Re: File No_ 607-066: Pat Milliken v. Town of Addison Message: See attached mediation confirmation. _ Original will follow
by mail _x_Original will NOT follow by mail Th. information contained in this facsimile m ....ge is aUorn.y 􀁰􀁲􀁩􀁾􀁩􀁬􀁥􀁾􀁯􀁤􀀠and confid.ntial inrorm.tion 􀁩􀁮􀁴􀀮􀁮􀁤􀀮􀁾􀀠only
ror the us. or the individual or entity named above, If tho r ••der of this m ....g. is not the 􀁉􀁮􀁬􀀮􀁮􀁤􀀮􀁾􀀠recipient, you are bereby notified that any unauthorized dj,IJsemination,
distribution or cnpying or 􀁴􀁨􀁩􀁾􀀠communication i9 ttrietly prohibited.•fyou have received this communieationin error, pleQse imrnediatt'lynoiiry U.!i by telephone at the numbcn listed.
ThaDk you. 
SENT BY: 214 706 0921 OCT·27·03 12:07PM; PAGE 2/4 i ) Maris & Lanier AProfessional Corpornrion 1450 Meadow Park Bldg.. LB 702 i0440 N. Cen"al Expressway Dallas, Texa. 75231 214·706·0920Ielepbone
214.706·0921 fac'imile 214·706·0922 direct dial EfWI:iIk.cr@marislanier.colD October 27, 2003 VIA FACSIMILE R.ickey Goren VIA FACSIMILE: Texas MUnicipal League Ken Dippel Intergovernmental
Risk Pool Cowles & Thompson P.O. Box 149194 901 Main Street, Suite 4000 Austin, Texas 78754 Dallas, TX 75202 VIA FACSIMILE Mike Murphy Public Works Deportment Town of Addison P.O. Box
9010 Addison, Texas 1500 I Re: Pat Milliken v. City of Addison TML Claim No. 0200085821 File No. 607-066 Dear Gentlemen: Attached please tlnd the mediator's confinnalion for rescheduling
the mediation in the above-referenced matter. The mediation has been scheduled tor a filII-day session on Deeember 9, 2003 beginning at 9:30 a.m. at The Hunnicutt Law Firm. We will need
to arrange for a pre-mediation meeting with Mr. Mans prior to the mediation. I am am suggesting everyone meet lit our office at IIpproxiwlltely 8:15 a.m. This should provide IImple time
to discuss settlement matters. Also, Mr. Garen, if you would like for me to make any travel arrangements for you, please let me know. [can al$o make arrangements to have someone pick
you up from the airport, if you would like. 
SENT BV: 214 70S 0921 OCT·27·0S 12:07PM; PAGE 3/4 Thankyou for your time and attention to this mauer. Should yoU have a contlict with the premediation meeting lime/date, please let me
know at your earliest convenience. Sincerely, MARIS &. LANmR, p.e. A ttacluncnt 
SeNT BV: 214 70s 0921 i 􀁏􀁃􀁔􀀭􀀲􀀷􀀭􀀰􀁾􀀠12:07PIJ; PAGE 4/4 +2146915099 I P02/02 OCT 27 '03 11;21 THE HUNNICUTr LAW hKM P'IIfiOl' CO>i>'ON$ TiI,ph.n<: (214) 361-6740R115 P.Ilrnl"
􀁐􀀮􀁏􀁁􀁾􀀮􀀠Sum 260J. Srsph.n 􀁈􀀮􀁮􀁮􀁩􀁣􀀢􀁾􀀠 Focsimile: (lU) 691·$D99DAu..>S, 1'.,... 􀀱􀀵􀁾􀀲􀁓).O'Om<y .nd M.diJJlPt October 27. 2003 via faCSimile via facslmll. Thomas H. Keen
James W, Jennings 􀁌􀁯􀁯􀁾􀁲Reed & McGraw 10000 N. Central Expwy 1601 Elm street. Ste. 4100 Suite 900 Dallas. TX 75201 Dallas. TX 75231 via facsimile via faClimile Michael J. McKeJroy.
Jr. ZachMayer Marls &Lanier. PC Fee, Smith. Sharp & Vitullo. LLP 1450 Meadow Park Bldg_.lB 702 One Galleria Tower 10440 N. Central Expressway 13366 Noel Road. Suite 1200 Dallas, Texas
75231 Dallas, Texas 75240 Re; Cause No. 02.o4716.fj Pst1I1111ken v. Town ofAddl!Jon; 116" Judlel., 􀁄􀁬􀁳􀁴􀁲􀁬􀁾􀀠In DallllS County, Texas. Dear Counsel: Pursuant to my telephone COnversation
with Zach Mayer this morning, this letler confirms that the mediation in the above-styled and and Ilumbered cause has been rescheduled to December 9,2003. at the offices of The Hunnicutt
Law Firm, 8115 Preston Road, Suite 260, Dallas, Texas 75225 beglnr'llng a19:30 a.m. Please provide payment by check drawn on your firm's account or, if directly from your client, by
celtltied funds. We look forward to working with you. If you should have 81l)l questions, please do not hesitate \0 contact our office, Sincerely, 􀁩􀀡􀀲􀁾􀁾􀀠I.egal Mllst"n! to J. Stephen
Hunnicul1 Ihad 
er 'stantto Michael J. McKleroy, Jr. SENT BY: 214 708 0921 Maris & Lanier A Professional Corporation 1450 Meadow Park Bldg., LS 7()2 10440 N. Cenlrol 6xpr ••• wll)' Dalla., Texas 75231
214-706-0920 telephone 214-706-0921 facsimile 214-706·0922 dircetdi.1 awalker@marislanier.eom October 23,2003 ViA FACSIMILE NO. 214-691-5099 1. Stephen Hunnicutt The HWlIlicull Law Finn
Preston Commons 8115 Preston Road, Suite 260 Dallas, Texas 75225 Re: Pat Milliken v. Town of Addison, el. a!. Cause No. 02-4715-F in the 1 16th District COurl of Dallas County File No.
607-066 Dear Mr. Hunnicutt: I am in receipt of your letter regarding rescheduling the mediation. Please be advised that Our office is available anytime during the second week of December,
2003. Should you have any questions, please contact me at the number listed above. Thanking you in advlIllce for your lime and attention. Sincerely. MARlS & LANIER, P.C. cc: Thomas H.
Keen VIA FACSIMILE 􀁾􀀱􀀴􀀭􀀹􀀵􀁊􀀭􀁬􀁾􀁊􀁬􀀠Zac Mayer VIA FACSIMILE 972-934-9260 
T BV: 214 706 0921 OCT-23-03.1,2:5BPM; PAGE 3/3 bee: VIA FACSIMILE Rickey Garen VIA FACSIMILE KcnDippcJ VIA FACSIMILE Mike Murphy 
T BV: 􀁾􀀱􀀴􀀠706 􀀰􀀹􀁾􀀱􀀠OCT -23-03 1<2:S9PM; PAGE 1/3 Maris & Lanier A Prores.ional Corporalion 14S0 Meadow Park Bldg" LB 702 104<\0 N. Central Expressway Pallas, Ttxas 7j231 TELECOPIER
COVER SJffiET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Date: October 23, 2003 To: Rickey Gamn Via Telecopicr Number: (512)491-2366 To: Ken Dippel Via Telecopier Number: (214)672-2020
To: Mike Murphy Via Telecopier Number: (972)450·2837 From: Amy 1. Walker, Lega) Assistant Direct Phone Number (214) 706·0922 Direct TeJecopicr Number (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 leiter re: scbeduling mediation _ Original
will follow by mail _x_Original will NOT follow by mail The inform.llon tOlllaln<d in fhi. r.<simlle me...ge Is attorney 􀁰􀁲􀁩􀁶􀁪􀁬􀀮􀁧􀀮􀁾􀀠"lid eonfidenll.1 inConnalion intended
only for Ihe lISe of the Individual ur Clltily nomed above. If Ih.....dtr ot fhi. m....g. is .ot 􀁉􀁨􀁾􀀠illt.nded r.tipl••', Y<lU are heRby notilled Ibal any unauthorized dis.emi••tlon,
dilrtrlbutlon or ""pying of this <0111 munl.slioll;" .trktl)' prohibited. Ifyou bave received lIIiJ corom unleallo. In ertor. pl..,e immedialely notify u. l1y telephone at the numb ...
listed. Thank you. 
;kr ··0¥o'f -_ __􀀭􀀭􀀭􀀭􀁾􀀮􀀠0 Maris & Lanier A Professional Corporation 1450 Meadow Park Bldg., L8 702 10440 No Central Expressway Dallas. Texas 1523 I TELECOPIER COVER SHEET PLEASE
DELIVER TO ADDRESSEE IMMEDIATELY Dllte: Augus122,2003 To: Rickey Garsm Via Telecopier Number: (512)491.2366 To: i(cnDipDel Via Telecopier Number: (2) 4)67:/.·2Q20 To: Mike Mwphy Via
Telecopier Number: (972)450·2837 To: Lrm1 Chaudler Via Telecopier Number: (972)450.2837 To: Larry Dobbs Via Telecopier Number: (9721 722-8655 To: Charlie Johnson Via Telecopier Number:
(972) 503-9143 To: Mark Wo Ruberts Via Ttlecopier Number: (214l732-5961 To: Stan Randall Via Telecopier Number: (972}772-5314 Frum: Amy 1. Walker. u,gal Assistant Direct Phone Number
(214) 706-0922 Direct Telecopier Numb.:r (214) 706-0921 Pages: 􀁣􀁯􀁶􀁥􀁲􀀫􀁾􀀠IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Aulna at: 214·706·0932 Re: File No, 607-066; Pat Milliken
Yo Town ofAddison Messare: See 􀁬􀁉􀁴􀁴􀁬􀁵􀁾􀁨􀁥􀀴􀀠Continuance Order with New Trial Datc of 04/11/04. _ _ Original will follow by mail _x_ Original will NOT follow by mail The information
(ontailled In this tatJlmU. mmage i.altorney privileged and 􀁣􀁯􀁮􀁬􀁬􀁤􀁥􀁮􀁴􀁩􀁾􀀱􀀠inform_Cion intended only for Ihe use or tbe indIVIdual or entity named abon. If Ihe ...der of 􀁉􀁾􀁉􀀬􀀠11\..&8£
0 is not tb. iIltended recipient, you are hereby noURed tbal aDY unaulhorized dis ••mlnalloo, di.lribulion or copying of Ihl. commuDicalionlutrklly prohibited. Uyou have received tbis
.ommunl(atlooin .rror, pl....imm.di.lcly nollfy us by lelephone atlbe numb.", lilted. Thank you. 􀀱􀁾􀀶􀀰􀀠90l 􀁙􀁉􀁾􀀠:,1,6 lN3S 
Maris & Lanier A Protessiooal Ca.rporaHon 1450 Meadow Park Bldg,. LB 702 10440 N, Central Expressway Dalla,. Texas 752, I 214-706-'1920IelephQn. 214-706-'1921 facsimile 214-701i-0927
direct di.l a.walkcr@marislanior,com AugUS! 22, 2003 VIA FACSIMILE Thomas H. Keen Looper Reed & McGraw 1601 Elm Street, Suite 4100 DlIllas. Texas 75201 VIA FACSIMILE ZIlch Mayer Fee,
Smith, Sharp & Vitullo, LLP One Galleria Tower 13355 Noel Road, Suite 1200 Dallas, Texas 75240 Rc: Paf Milliken v, Town ofAddison, el al Cause No. 02-4715-F in the 1 16th DistricI Court,
Dallas COUllty File No. 607-066 Dear Tom and Zach: Attached please find a conformed copy of the Order Granting Agreed Motion for Continuance and Scheduling Order. The above-refeIenced
matter has been reset for triul on April 1l,2004. Thanking you in advance for your time and attention. Sincerely, Enclosure lker istant to Michael 1. McK1eroy. Jr. :A'a .lN3S 
MR.TOMKEEN MR.ZACHMAYER AUGUST ll.lOG3 Client. and F,xperts, PAGE 2 I am providing a eopy of tbe recent Continuance Order which resets the trial in this matter to April 12. 2004. Please
calendar this date, a8 eaeh of you will need to aUend the erial setting in this ease. Should you bave any eonflifrs, plcase advise me immediately. Thank you for your time and attention
to this matter. bee: VlA fACSIMILE Ken Dippel Cowles & Thompson 90 I Main Street, Suite 4000 Dallas, TX 75202 (w/eneL) VIA FACSIMILE Rickey Oaren Tcxus Municipal League Intergovernmental
Risk Pool P.O. Box 149194 Austin. Texas 78754 (w/enel.) VIA FACSIMILE Mike Murphy Public Works Department Town Clf 􀁁􀁤􀁤􀁩􀁾􀀨􀁬􀁮􀀠P.O. Box 9010 Addison. rexas 7500 I (w/enel.) VIA
FACSIMILE Lynn Chandler Development Services Department Town of Addison P.O. BOl( 9010 Addison, 􀁔􀁥􀁸􀁡􀁾􀀠75001 (w/encl.) VlA .fACSIMILE Larry Dobbs Mike Shaw P.O. Box 2377 Rockwall,
Texas 750B7 (w/encl) VIA FACSIMILE Charlie Johnson Westcliff Incorporated 200 I Midway Road, Suite 144 Addison. Texas 75001 (w/encl.) VIA FACSIMtLE Robert Slanley ("Stan") Randall. Jr.
Robert Stanley ("Robert") Randall, III Arboricultural Systems Integration Route 6, Box 240 Sulphur Springs, Texas 75482 (w/enel.) VIA FACSIMILE Mark W. Roberts, P.E. NatbanD. Maier Consulting
Engineers 8080 Park Lane. Suite 600 Dallas, Texas 75231 (wtencl.) :Ae lN3SI..tf; 􀀳􀁾􀁖􀁤􀀠
, CAUSE NO. 02-471 S-F PAT MILLIKEN, . § IN THE DISTRICT COURT § Plaintiff, § § v. § § 1l6thJUDICfAL DISTRICT TOWN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS, § W1LLIAM LONG,
PRESTON HOMES. § INC. and JON B. COLEMAN, § § Defendants. § DALLAS COUNTY, TEXAS ORDER GRANTING AGREED MOTION FOR CONTINUANCE AND SCH&DULING ORDER On the __ day ofAugust, 2003, came
on for hearing the Agreed Motion for Continuance filed by Plijinliff Pat Milliken ("Plainliff') and Defendants Town of Addison ("Addison"), The Preston Group. Designers.and Builders
("Preston Group"), William Long 􀀨􀀢􀁾􀁮􀁧􀀧􀀻􀀩􀀬􀀠􀁐􀁬􀀧􀁾􀁾􀁴􀁯􀁮􀀠Homes, Inc, ("Preston Homes") and John B. Coleman("Coleman',)(collectively"Defendants")(Plaintiffand Defendant'collectively
the "Parties"). Upon consideration ofthe Parties motion. the papers on tile with this court and arguments of counsel. this court is ofthe opinion that the Parties' motion should be GRANTED
as follows: IT IS ORDERED, ADJUDGED and DECREED that the trilll cwTei1!!y scheduled in the above-styled and -numbered cause for December 8, 2003 is heteby stricken from the trial docket
and the trial of this matter shall be rescheduled for 􀁴􀁨􀀢􀀧􀁾􀁾􀀮􀁬􀀻􀂥􀁴􀀻􀁴􀁩􀀧􀁩􀀻􀀺􀀢􀀧􀁾􀁾􀀩􀀧􀀻􀁩􀀧􀁩􀁟􀀻􀀻􀁦􀁬􀁪􀁾􀀠IT IS FURTHER ORDERED, ADnJDGED and DECREED that the following
deadlines . shall be 􀁡􀁰􀁰􀁬􀁩􀁣􀁡􀁢􀁬􀁾􀀠to this mlltter: ORDER GRANTING AGAEEU MOTION FOR CONTINUANCE AND SCHEDULING ORDER PAGE I l.lt 30Vd 
court: 120 day, prior to trial. Deadline to amend all other pleadil1gs without leave of court: 30 dllYli prior 10 trial. Deadline to file dispositive motions: 30 days prior to trial.
Deadline to file monOIll! IO cxc1udc or limit expert testimony: 30 days prior to trial. Deadline to file all other motions: 30 days prior 10 trial. Deadline to complete discovery: 30
days prior to mal. Deadline to complete mediation: 30 day! prlorto trial. SIGNED Ihis 19'*-= day of August, 2003. r ..-'" Robert H. Frost JUDGE PRESIDING AGREED AS TO SUBSTANCE AND FORM:
Thomas H. Keen Anomey for Plaintiff ZIlCh T, Mayer Attorney for Defendants Preston Group Designers and Builders, Preston Homes, Inc.• William Lons and Jon B. Coleman Michael 1. M roy,
Jr. Atromey for OefendlUl! Town ofAddison 601,i)66\w"linue.ord.wpd ORDER GRANTING AGREED MOnON FOR PAGElCONIlNYANCE AND SCHEDULING ORDEII. US 30Vd 
; AUG·11-03 􀁉􀁉􀀬􀁓􀁏􀁍􀁾􀀭􀁈􀁉􀁉􀀠􀁾􀀭J e:e court: J3 days prior 10 trial. Delldllnc 10 amond all other plCllldhlg' wi!ho\llleAVO ofeQllrt: 30 dliy. prioT to 'rbl. Dud/lm to file dispositive
motions: 30 ".)" prior to lri.._ DeIlllUne: 10 Ole 􀁭􀁯􀁴􀁩􀁯􀁄􀁾􀀠to exclude or Jilllit.rttls'!imoi!.y: :!O 4.ys ,riOT to trW. DcJdUru: to file-an other motionll: 3G dll)'& prior 10
trll" Deadline 10 complelo di.lcovory: 38 day. prior to trill. ne.dlllIiC 10 􀁾􀁬􀁉􀁬􀁰􀁬􀁥􀁴􀁥􀀠llledlMioa: 30 da)-s prior 10; erial. SIGNED this _ day ofAUl\Jst, 2003. 􀁄􀁊􀁜􀁃􀁾􀁛􀁟􀁆􀁏􀁒􀁍􀀠
'I'!Ioma! H. Keen Al'lorney fo.r Plaintiff ZIlch T. Mayer 􀁁􀁮􀁯􀁏􀁬􀁾􀀠fot Defendanu " 􀁾􀁄Group Des.ipcn and nw1ckn. Pn:lIoIl Homa. 􀁾􀀬􀀠WillIlIJIl LOIIH fIlld Ion B. Colcmllll Al'IOmcy
fot dCfCnd<ml ToWII of Addison OUEII a'llAl'li1Nc AGIlItIW MOTiON fOR CONT1NVAHCI Nip 'CHQVLINQ QIDM 
􀁥􀁅􀁅􀁓􀁾􀁬􀁔􀁈􀁓􀁈􀁁􀁒􀁐􀁖􀁬􀁲􀁔􀁕􀁌􀁏􀀠PAGE 9S/09 SENT aI', 214 708 􀁏􀁏􀁾􀁉􀀠i 􀁁􀁕􀁇􀂷􀁉􀁉􀀮􀁏􀁾􀀠ll:!2AMi PAOC $18 1lQ\j/t: 120 day. prlOI' to trial. Deadline to amtJIII"U Qdler
pleadiq. without leave ofcourt: 30 daya prill.-to triaL DurWne to file tIllpOSitivc IIIOtlons: 311 dlY. prlo,101m!. Deadline 10 !llemaliUIIJtotIXclY4ieorJiJ1litexpeotlCltIlIlonr: 30
day. prior 10 lrial. Do.dliM to rue all athor motiOIll: 311 dlyt prior to trial. DeMltne ID COlllplece di5COvery: ,.dayJ prior tD .«"_L . DcadUnc to complete l118dialiO'll: 30 d'7' prior
10 trial. SIGNED Ib4 _ day Qf 􀁁􀁵􀁰􀁾:1003. JUDGE PIlP.'11DING AGREIiO AS TO $HBSTANC£ AA'D FORM: TholNUH,Keen Al10rMy for FllIi"tI" .. ZlICII T. MAyer Attorney for Dc!cndllnla 1'IutoaGtoup
Dai..... an4 nllilll.n. Praton HIlI'IIOI, lac.• 􀁗􀁩􀀱􀁉􀀱􀁾􀀠Lq 1114 JI1/.1 B. CQlam OaDDOIWmNC AGIIr.!DMOTION' lOa CQN'DNIIAHc<1 ANI! leHlllVIJNO 0!!pII1 HI. .:lOVd :hll .LN3S 
SENT BY: 214 70S 0921 AUG·19·03 J2:4SPM; PAGE 113 =?c:r.=-I scM11t 􀁾􀀡􀀺􀀡􀀬􀁾􀀬􀀺􀁾􀀺􀀬􀀡􀀭􀁡􀁮􀁩􀁥􀁲􀀠􀀧􀁦􀁣􀁾􀀠rft(c' ' •• ,'I.exa.7.e:-) 􀁾􀀠1450 Meadow I'rut; Bldg" I.B 702 10440
N. Cenlral Expressway D 11 > • .,., 1:"'\ 'TELECOPIER COVER SHEET 􀁾􀁾􀀠PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Date: AUl;Iusl 19,2003 To: Rickey Gaten Via Telecopier Nmnbcr: (512)491.2366
To: Ken Dippel Via Telecopier Number: (214)672·2020 To: Mike Ml!IJlhy Via TeJecopier Number: (9721450·2837 From: Amy 1. Walker, Legal Assistant Direct Phone Number (214) 706·0922 Direct
T 1l1ecopier Number (214) 706·0921 Pages: Cover + tJ-. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Alltna at 214-706-0932 &':: File No, 607-066; Pal Milliken v. ToW of Addison Message;
Sec attllcbed letter re: scheduling mediation for 119123/03 _ Original will follow by mail _,,_Original will NOT follow by mail The Information cOblained in tbis f.<simile 􀁭􀁾􀀮􀁧􀁥is
allorney privileged and co.lidential InformaHon Intended only for the use of Ute Individual Individual or entily nallled abov.. If lb. reader of Ihls mcssag. iJ not III_ Intended recipient,
yo. are bcreby notified Ihal any unauthorized din.mlnaUon, dulribution or copying of Ihis communltJItfon i ••tri.tly p,,"'ibited. Jryou II.ve received Ihi8 communi••tlon in error, pI....immediately
notify .0 by telephone at the numbo .. Iillod. 􀁔􀁾􀁡􀁮􀁫􀀠you. 
SENT BY, 214 706 0921 AUG-19·03 J2:46PM; PM. 2/3\ Maris & Lanier Park Texas 214-706-0920 telephone 214-706-0921 facsimile 214-706-0927 direct dial awalker@mari,lani.r.com August 19,
2003 VIA FACSTMILE Thomas H. Keen Looper Reed & McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 VIA FACSIMILE Zach Mayer Fee, Smith, Sharp & Vitullo, LLP One Galleria Tower 13355
Noel Road, Suile 1200 Dallas, TeKas 75240 Re: Pat Milliktm v. Town vfAddison, el al Cause No, !12-4715-F in !he I16th District Court, Dallas County File No. 607-066 Dear Tom and Zach:
Thave received everyone's availability for scheduling a full-day mediation session in the above-referenced matter, It appears that TucsdllY, September 23, 2003 will work best, I have
contacted the mediator, Stephen Hunnicun, and advised him to schedule US fOT this date. In the event that someone now has a conllict with this date, please advise me immediately. J will
request the mediator to mail Ollt a confinnation of this scheduling. Thanking you in advance for your your time and attention, Sincerely, 
...---------Page 1 of1 Sue Ellen Fairley From: Mike Murphy Sent: Thursday, August 14, 2003 3:56 PM To: Sue Ellen Fairley .---Subject: FW: Milliken vs. Town of Addison SEF, Please contact
Amy and set up a date ...... thanks. 1ltik Michael L Murphy, FE. Director or F ublie Works (972) +50-2878 􀁗􀁯􀁾􀀠(214) II 5-;280 Mobde (971.)450-28;7 Fax e-Mail: lTIlT1urph.!J@ciaddfson.tx.us
-----Original Message----From: Amy Walker [mailt:o:awalker@marislanier.com) Sent: Thursday, August 14, 2003 3:08 PM To: Rickey Gareni Mike MurphYi Ken Dipple Subject: Milliken vs. Town
of Addison Hi guys, we have recently filed a Motion for Continuance of the current trial setting (12108103) as well as pushing back all the pre-trial deadlines. We are still attempting
to set the mediation, which is the reasen for this email. Currently, we are looking at the following dates: Sept. 15, 17, 19,23. Please let me know your availability at your earliest
convenience. We will probably need the whole day, for prep and mediation. Amy L. Walker Legal Assistant to Robert F. Maris Maris & Lanier, P.C. 10440 N. Central Expressway, Suite 1450
Dallas, Texas 75231 214-706-0922 Direct Dial 214-706-0920 Fax a)'(alklilr@rnarislanier.com The preceding e-mail message (including any attachments) contains information that may be confidential,
be protected by the attorney-client or other applicable privileges, or constitute non-public information. It is intended to be conveyed only to the deSignated recipient(s). If you are
not an intended recipient of this message, please notify the sender by replying to this message and then delete it from your system. Use, dissemination, distribution, or reproduction
of this message by unintended recipients is not authorized and may be unlawful. 8/1812003 
""atlo :.·.a.aDm.I;" 􀁾􀀱􀀴􀀠7M 􀀰􀀹􀁾􀀱􀀠j 􀁍􀁁􀁖􀂷􀁾􀁴􀁬􀂷􀀰􀀳􀀠11 ::l6AM; PAGI': 1/3SI':NT BV: Maris & Lanier A profe$sionai Corporation 1450 Meadow Parl< Bldg .• LB 702 10440 N.
Central E.prEtssway Dailas, Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Date: May 29. 2003 To: Mike Murphy Via Telecopier Number: 972-450-2837 To: Larrv
Dobbs Via Telecopiar Number: 1-972-722-8655 From: Amy L. Walker. Legal Assistant Direct Phone Number (214) 706-0922 Direct Telecopler Number (214) 706·0921 Pages: cover...:;;" 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 letter confirming inspection mesting. Original
will follow by mail _x_ Original will NOT follow by mail The Intormatlon el)ntainea in this tac'imile meango 􀁾􀀮􀀠$Uomey prtvUaged and confidential Information fnt.m;led only for Itl.
4.1'. or the indllJidual or untily rumJed above. It the rtader of (hit mtuaU. jcs not the inlanded reCipient, :you are herltby notlfl.d thllt any unauthorIzed diaaeminaUon. distribution
or copying of this c:ommunh;aUon Is strfcUy prohlblled. II you haVe "",.,vod till. communIcation In orror, pl.... Immodla,ely nolily u. by 'elephone al 1M numb&ni U,te4. Thank you. 
;'Amli.l,-@';GUi£ 214 706 0921 j MAY·29·03 11:36AMj PAGE 2/3SENT BY: Maris & Lanier A 􀁰􀁦􀁬􀀩􀁦􀁥􀁾􀁩􀀨􀀩􀁮􀁦􀁬􀀮􀁬􀀠Cnrporntion 1450 Mcadow Pork B1dll., LLl702 IQ440 N. Celll,.1 Expressway
D.lla,. Texas 7523) 214·70u·On2 214·7U6,0921 (FAX) 􀁾􀁷􀁬􀀻􀁬􀁬􀁫􀁥􀁬􀀨􀀨􀁾􀁭􀁡􀁔􀁩􀁳􀁬􀁡􀁮􀁩􀁴􀀺􀁦􀀮􀁣􀁯􀁭􀀠May 29, 2003 VIA FACSIMILE VIA EMAIL Mike Murphy Sian Randall Public Works
l)epartment ASl Tllwn of Addison ROlll 6130x 240 P.O. Box 9010 Sulphur Springs, Tex:us 75482 Addison, Texas 75001 VIA FACSIMILE LallY Dobbs P.O. Box 2377 Rockwall., TcxlIS 75087 Re:
Pal Milliken v. City of Addison TML Claim No. 0200085821 File No. 607-0(i6 Dear Gentlemen: This letter is 10 oonlinn that 􀁴􀁨􀁾􀁩􀁮􀁳􀁰􀁥􀁣􀁴􀁩􀁯􀁮􀀠meeting has been scheduled lorJUlie
3,2003 atlO:OO B.m. The inspection wiII tnkc place at Ms. Mi Hiken'shouse, 14905 Lake Foresl Drive, Add ison, Texas. 1 am altacbing a map for y\lUr convenience. Should you have ally
questions, comments, Of concems, please do not hesitate to call. Sincerely, MARTS & LANTER, P.C. 1 ant to Marigny A. Lunier Enclosure 
I· t!\W.ltudiIMntai i,ai;"';'"'wed Fa . 214 706 0921 ; MAY-29-03 11:S6AM; PAGE 313SENT BY: ",,",OUo,J ......4.1;\....... 􀁕􀁉􀀢􀀢􀁾􀁬􀁕􀁉􀀬􀀠uaua:s, 1.A IJ.L:.4f1!:li Page I 1)1"2 􀀭􀀮􀁾􀀭􀁾􀀧􀀮􀀭􀀭�
�􀀭􀀧􀀭􀀧􀀧􀀧􀀧􀀧􀀧􀀭􀀧􀀭􀀭􀀧􀀧􀀭􀀭1Ill:ll1l0W l!ages 􀁾CitV Siv What will you do this weekend? Welcome, Gusst User Yahool Maps Maps IDriVing. 􀁄􀁩􀁲􀁥􀁣􀁴􀁩􀁑􀀡􀀩􀁾􀀠Addr...: *14905
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AnPrut Code 114905 Lake F Gi 􀀬􀁳􀀧􀀢􀁴􀁾􀀠or Zip Dallas, TX 75 Count United 􀁓􀁴􀁡􀁬􀁥􀁾􀀠.. 􀀮􀀯􀁭􀁡􀁰􀁳􀀮􀀢􀁹􀀿􀁐􀁹􀁴􀁾􀁔􀁭􀁡􀁉􀀧􀀦􀁥􀁤􀀽􀁮􀀵􀁈􀀹􀁧􀁬􀁬􀁰_OTp!7'BtWlu7bAtiV_xs2N9M9WncKi4hL9655u7AL_
'lvI29/2003 
1 ed F x . N Y 0 .3 􀀳􀀺􀀱􀀵􀁐􀁾􀀠F 1 n' HP T 32 1 SENT BY: 214 706 0921 MAY·16·03 3:20PM; PAGE 1/2 Maris & Lanier A Professional Corporalion 1450 Meadow P"rk Bldg.• LB 702 10440 N.
CenirAI Expressway Dallas. Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Date: May 16, 2003 To: Ken Dippel Via Telecopier Number: 􀀨􀀲􀀱􀀴􀁾􀀶􀀷􀀲􀀮􀀲􀀰􀀲􀀰􀀠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+_'_ 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 .. ttached letter re: scheduling inspection _ Original
will follow by mail _x_ Original will NOT follow by mail The Information contained in this facsimile message Is attorney privileged and confidential inlgrmallon Intended ollly for Ille
Use of Ihl1 individual or entily named above. If the reader 01' this message is not the Intended Intended recipient, you are hereby nolln.d that any unaulhoriud dlsseminalion, distribution
or copying of this communication Is strictly prghibil .. d. If you have received tl>i& communication In "r!'Of, please immediately notify U$ by telephone at th.. numbers IItted. Thank
you. 
R elV d F . t Y 162003 3:1 1 r ta 10' P LASERJET . SENT BY: 214 706 0921 MAY-16-0S 􀀳􀀺􀁾􀁏􀁐􀁍􀁪􀀠PAGE 212 tvlaris & Lanier 1\ Prolcssiouol Corporation 1450 Melldow Park 1310/,\.. LB
7()Z 10440 N. Central t;xpres,way D.llas, '1'"""" 75231 214·1116·0921 214·706·0921 (FAX) awaJ1ccr@n'unislarlier.,:;o1l1 May 16,2003 YIA FACSIMIU: VIA t:MAII. Mike Murphy Stan Randall
Public Works Department AS) Tuwn uf Addison Roul 6 Box 240 P.O, Box 9010 􀁾􀁵􀁬􀁰􀁨􀁵􀁲􀀠Springs, Texas 75482 Addison, Texas 75001 VIA J1ACSIMJLE Larry Dobbs P.O. Bo. 2377 Rockwall,
Texas 75087 Re: 􀁐􀁾􀀱􀁴􀀠Milliken v. Cily ofAddisol1 TML Claim No. (J20(J085821 File No. 607-066 De.'Il· Gentlemen: WI; tire now ready to begin scheduling th" illSpcetion in this ea!;e.
rhave I;:0llell Plaintifrs availability fOr the week ofJul'le2, 2003. As ofnow, Mr. McKlcroycan do the inspection any day that week except for Friday. Call you email me lit awalkcr@marislanier.cOlnor
callmeatmydirectdial, 214706-0922 and advise me ifY(lu are available anytime Ihis week. week. Shl1uld yuu have allY questions, comments, or concerns, please do 1I0t hesitate to call.
Sincerely, MARIS & LANIER. P.C. 
c: 1 Fax' APR 14 0 , 7AII Fax Statlon' H SERJET 3200 1 SENT aV: MARlSALANIERj 214 706 0921 j APR.14·0311:29AMj PAGE 1/3 Maris & Lanier 1450 Meadow Park Bldg .. LB 702 10440 N. Central
E)(pressway Dallas, Ta)(BS 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Pate: April .14, 2003 To: Ken Dippel Via Telel:opier Number: 214-672-2020 To: RickGY Gaten
Via Teleoopier Number: 512-491 -2366 To: Mike Murphy Via Teleoopier Number: 972-450-2837 To: lATty Dobbs Via TeJecopier Number: 972-722-8655 From: Amy L. Walker. Legal Assistant Direct
Phone Number (214) 706-0922 Direcl Telecopier Number (214) 706·0921 Pages: Cover + /)-. II' YOU PO NOT RECEIVE ALL PAGES, PLEASE CALL Debbie at: 1-214-706-0924 Re: Pat Milliken v. City
of Addison File No. 607.066 Message: See attached letter canceling inspection meeting. _ Original will follow by mail _X .... Original will NOT follow by mail "'hl!-􀁩􀁮􀁬􀁾􀁲􀁭􀀮􀁴􀁩􀁬􀁭􀀠etlnblim.
... ill Ibill ($tt.iJUOt lill:SUgt 1IIIlUOl'M)' prMleged and oonndtntbd Inturmift10n intended tint, ror 􀁴􀁨􀁾􀀠liSt! tit 􀁴􀁨􀁾􀀠Indlvtdu;1I or ffl'dty 􀀱􀀱􀀺􀀦􀁭􀁾􀀠»h'IVI!', If IhI!
rooIder tit thiic: Ut.ul....1l P UUL the luttuded rf!lt1pltnt.• reu 􀁡􀁬􀀧􀁾􀀠'ff'li'tby ..MIntd that 3n1 \lU3UWorlud dlSMmttWttHl, (l1,lI'l1mHau 61" I:'flpyinJ.'l pI thiN: 􀁾􀁮􀁭􀁲􀀺􀁲􀁷􀀺􀁴􀁴􀁩􀁡􀀮
􀁴􀁩􀁴􀁭􀀠u; );lril1b' pr-001bitod, 11100 ru.Vtl l"ctttvtd this tOllliukJldrotlou in error. pltQ$;c IU)lUNlaul)' \lOury U1 by telephnne aa.t th" numlMn Il¥tttd. 'IWl:uk y(m, 
R C lVed F x • R 14 20(}3 7At·' Fax Stat1011 , HP LASER.JET 3200 SENT .BV: MARIS&LANIER; 214 706 0921; APR·14.0311:29AMj PAGE 213 Maris & Lanier A 􀁬􀀩􀁲􀁯􀁦􀁾􀁳􀀺􀁳􀁩􀁯􀁮􀁡􀁬􀀠Corpor.uiol1
1450 Meadow'Park Bldg., LB 702 10440 N, Central expressway----"''''· Dallas, Texas75231 214·706·0920 telephone 214·705·0921 facsimile 214·706·0922 direct dial awalker@marislanier.com
April 14, 2003 VIA FACSIMILE NO, 214·95H332 Thomas H, Kccn Looper Reed II< McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 VIA FACSIMILE NO. 214·954-9541 James Jennings Bellinger
& DeWolf, l.LY. 10,000 North Central Expressway, Suite 900 Ilallas, Texas 75211 Re: Pat Milliken v. I own ofAddison, e! al Calise No, 02-4715·F in Ihe 116th District Court, 􀁄􀁾􀁬􀁉􀁡􀁳􀀠County
File No. 607·066 Gentlemen: This letter will confirm thaI the inspection meeting which was tentatively scheduled for April 16, 2003 at 9;00 a.m. will not go forward duE' to the fact
that we have not received Plaintiff's damage report. Should you have any questions. comments or concerns, please do not hesit,lte to call. Thanking you in advance for your time and attention,
Sincerely, MARIS & l m L alker ssistant to Michael J. McKleroy, Jr, 
RecelVed Fax AD 14 3 1 • 7 Fax St tl n. HP ASERJET 3200 3 SENT BY: MARIS&lANIERj 214 706 0921 j APR·14·0a 11:29AMj PAGE SIS bee: VIA fACSIMILE Rickey Garen T􀁩􀀡􀀩􀁻􀁩􀀧􀁾􀀠􀁍􀁬􀁊􀁬􀁜􀁩􀁣􀁩􀁲􀁾􀀱􀀠I
􀁥􀁾􀁧􀁵􀁥􀀠Intergovernmental 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 Mike Murphy Public Works Department Town of Addison P.O. Box 9010 Addison, Texas 7.5001 VIA EMAIL Stan Randall ASI Rout 6 Box 240 Sulphur Springs,
Texas 75481 VIA EMAIL Larry Dobbs P.O. Box 2377 Rockwall, Texas 75067 
celved fax: AP 2003 1 :38A x Statl n: HO LASERJ T 3 SE,NT BY: MAR!SIl.lAN!ER j 214 7()6 0921; APR-7·03 10:3BAMj PAGE 1/3 Maris & Lanier A Prof('.$sim'lal CorpOfatiun 1450 Meadow Park·"'a"'IUdg=-.-.L"
'Sor7<;;0;;';2;----1"'0440 N. Central Expressway Dallas. Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRF..sSEEIMMEDIATELY Date: Apri] 7, 2003 To: Mike Murphy Via Teiec.:opier
Number: 972-450-2837 To: Larry Dobbs Via Telec(lpier Number: 1-972-722-8655 hom: Amx L. Walker. Lealal Asllislant Direct Phone Number (214) 706-0922 Direct Telecopier Number (214) 706-0921
􀁐􀁬􀁬􀁾􀀢􀀢􀀺􀀠Coyer + IF YOU DO NOT RECEIVE ALL PAGeS, PLF.A1>1:i CALL Autnaat: 1-214-706-0932 Re: P<ll Milliken y. Town ul' Addison Pile No. 607-066 􀁍􀁥􀀮􀁾􀁳􀁡􀁧􀁥􀀺􀀠Sec attached
letter dated April 7. ZOOO. _ Orir,innl will foll()w by mail _,,_Original will NOT follow by mail Tht in,rormnrinn (,flntltin&:d iu Iblt l'tluimil¢ M(,lIilllCt' 􀁩􀁾􀀠iuorUty 􀁛􀁊􀁜􀀱􀁶􀁬􀁨􀀻􀁋􀁾􀁌􀁬
􀁉􀀮􀁬􀁬􀁬􀁤􀀠(oilfidtntinl intltrmlltinn Inlt"udtd Duly to.' rlH 􀀡􀀩􀁾􀁜􀀧􀀠t;f Ihl: Indh1dlJI' Of' ('.nUt)' mtlllt'd above. fftllt n:aul:r "rlbis mtnngt, h nllt the 􀁩􀁬􀁬􀁴􀁴􀁮􀁤􀁾􀁤􀀠nripif.{lt,
y!;llliTC 􀁉􀁈􀀺􀀻􀁲􀁨􀁾􀂷􀀠lIodntd thin any nnaulhuri:ll!u 􀀡􀀱􀁪􀁳􀁳􀁥􀁭􀁩􀁮􀁍􀁴􀁩􀁬􀀮􀁬􀁾􀀠dklrfbl,lrioll Ol'wpylng t)flbbt c:umlnllftlcndon ji ,trit:tJy pl1ltiibired. Ify'\lp bit"£"
􀁲􀁾􀁩􀀺􀁉􀁅􀀺􀁩􀀬􀀬􀀼􀁤􀀠nus (OIUmUlIit,l'Itif)n ill ci'tnr, IIItnU jPlmtlliAtcly nniify "'. by 􀀬􀁥􀁊􀂢􀁰􀁨􀀨􀁕􀁈􀁾􀀠at the nurubtn 1I••pd. Thank you. 
eCli!l ed Fax: APR 7 00 0-38 -1 Fax Statl0' j Rr 00 . SENT BY: MARIS&LANIER; 214 701l 0921 ; APR 7·03 10:3SAM; PAGE 2/3 Maris & Lanier A Profe-ssional Corporar.ion 10440 N. Central Expressway
Dallas; Texas 75231 214-706-0922 214-706-0921 (FAX) aWi.llker@rnarisli.tli1p.r,com April 7, 2003 VIA FACSIMllf Mike Murphy Public Works Departm\mt lown of Addison P.O. Box 'l01O Addison,
Texas 75001 VIA EMAil Stan Randall ASI Rout 6 Box 240 Sulphur Springs, Texas 75482 VIA FACSIMILE I arry Dobbs P.O. Box 2377 Rockwall, T(:xa5 75087 Re: Pat Milliken v. City of 􀁁􀁤􀁤􀁩􀁾􀁯􀁬􀀱􀀠TMl
Claim No. 0200085821 Fil.. No. 607-066 Dear Gentlemen: This letter is tu advise you we are currently going forward with the inspe.clion (lIl Wednesday, Aprillb, 2003 at 9:00 a.m. The
inspection will ti:tke place "114905 Lake Forest Drive, Town of Addison. Texas and Mr. McKJeroy will meet you at this address on the 1b'h Howeve,·, it is possible that we will not go
forward because we are stili waiting for another expert report from Plaintiff. If we do not receive the report by the end of this week, 􀁷􀁾􀀠will con\a<.1 yOL! and advise you of the
status of the inspection. 
Re wed Fax . PR 0 10:38 Fax Stat)!)· HP RJET 320 3. SENT BY: MARIS&lANIERj 214 7060921; APA·7·03 10:38AMj PAGE 3/3 Should you have any questions, comments, or concerns, 1)lcase do not
hesitate \0 call. Sincerely, 
2 Recewed F x . '·lAR 20 2003 1 '42P'· x Stat1' I T 3200 , SENT 8Y: MARIS&LANIERj 214 706 0921 j MAR·20·03 i :41PMj PAGE 2/2 . Maris & Lanier 1\ Professional Corporation 1450 Meaoo,"tPark
Bldg.. LB 702 10440 N. Central 􀁅􀁾􀁰􀁲􀁥􀁳􀁳􀁷􀁡􀁹􀀠DaIJaii,-texas 75231 214-706-0922 214-706-0921 (FAX) ;)walker@murisJMliel'.C'ol)1 March 20, 2003 VIA FACSIMILE ONLY Lynn Chandler
Development Services Department Town of Addbon P.O. Box 9010 Addison, Toxas 75001 Mike Murphy Public Works 􀁄􀁥􀁰􀁾􀁲􀁴􀁭􀁥􀁮􀀱􀀠Town of Addison P.O. Box 901 0 Addison, Texas 75001 Re:
Pat Milliken v. City of Addison TML Claim No. 020008'i821 File No. 607-066 Oear Gentlemen: rhe purpose of this letter is to advise you that we have been set for trial in this case on
December 8, 2003. Please calendar this date and advise me should you have any conflict with attending the trial setting anytime that week. Thank you for your time and attention to this
matter. Should you have any q(IClstions, comme!)ts or concerns, ple<1se do not hesitate to 􀁣􀁾􀀱􀀱􀀱􀀮􀀠Sincerely, 
· t4AR 20 2003 1:4 Pt4 Fax Statl0n ,R T 0 214 70B 0921 i MAR ·20·03 1 :40PMj PAGE 112SENT BY: MARIS&LANIERj Maris & Lanier A PruCessional Corp\')ri'tiun 1450 Meadow Park Bldg" LB 702
10440 N. Central Expressway Dallas. Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDlATEL V Date: March 20,2003 To: Mike Murphy Via Telecopier Number: \/72-450-2837
I.ynn Chandler From; Amy L. Walker l&gal Assistant Direct Phone Number (214) 706-0922 Direct Tclecopier Number (214) 706-0\/21 Pagc.<;: Cover + /IP YOU DO NOT RECEIVE AU, PAGES. PLEASE
CALL Autna at; 1·214·706·0932 Re: Pat Millik.en v. Town uf Addison File No. 607·066 Message: See attached letter' re: 12/08/03 Trial Date. Original will follow hy mail _x_Original will
NOT follow by mail 'TIlt btCuftualiun t..1mlaincd in chi! 􀁦􀀮􀁾􀁩􀁭􀁩􀁬􀀮􀀠􀁜􀀢􀀬􀁭􀁬􀁾L'l attorney privileged' and cVllfadm!ul1 blturmxUun IlfWIlded only tor the U-tl(! M Ihe 􀁾􀁉􀁕􀁊􀁬􀀧􀁖􀀱􀁤􀁭􀁵
􀀠t»" I.IlltUy nll.llled aDUVlt. Jftbt' n!lJdar oftilts 􀁬􀁬􀁬􀁾􀁥Is llOl lilt: wtwdt:wtwdt:t1 􀁲􀂫􀁩􀁰􀁩􀁴􀁮􀁴􀁾􀀠fUll IU"t lItftby llotlOtd that WI)' WlI,IUlhurin:d dlsStl.1l1aitttWn:1
dirtrihuUtm Ill" CfrpylnJ of 􀁴􀁾tOmm\\l\krd,!OLt ja Bll'ie1ly proh.lbllcd. IfJUu luin r«-t'ind t1llf conununi(tlliun in nrurI plC!WIl! luuutdillfA:ly nutiCy ll" by 􀁾􀁊􀁥􀁰􀁊􀁉􀁏􀁕􀁴􀀠at.
the numben JJ.i;lro. Thimk ytlU. 
Recelved Fax: MAR 003 4:37Pt, tl' LASERJET . SF-NT BV: 􀁍􀁁􀁁􀁉􀁓􀁾􀁬􀁁􀁎􀁉􀁅􀁁􀀻􀀠 214 70s 0921; MAR·1S·0S 4:S5PM; PAGE i/4 Maris & Lanier A Profcssiolltll Corprmuion 1450 Meadow Park
Bldg., lB 702 10440 N. central Expressway"'-----Dallas. Texas 7523r'" TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Date; March 18. 2003 To: Ken Dippel Via Telecopier
Number: 214-672·2020 To: Rickey Garen Via TcJecopier Number: 512-421-2366 To; Mike bhllllb;t Via Tclccopier Number: 972-4;iO-28:H From: 􀁁􀁭􀀾􀀧􀁾􀁌􀀠Wallcer, LeL!a! Assistant Direct
Phone Numher (214) 706-0922 Direct Telecopier Number (214) 706·0921 Pages: Cover + .3. IF YOU DO NOT Rr:CEIVE ALL PAGES. PLEASE CALL Debbie at: 1-214-706-0924 Re: Pat Milliken v, City
ofAddison File No, 607-066 Message: See attached letter to mediator with proposed dates. As soon as a date is conru-med, I will advise you of same. Thanks. _ Original will follow by
mail _X_ Original will NOT follow by mail TIlt turorm;'lliOIl cnntaluC!d )11 􀁬􀁬􀁬􀁩􀁾􀀠􀁲􀁬􀁬􀀨􀁾uKUage Is MtOrM)' prh'Uct.'i,'Id Mud cOllfldelltlJit 1lltornUltiou l.uUl1dcd auly for
the. lMt or dlf indMduIlI or ",tily n.wuttl aoove. Yf the riC..I}f Lhl'i 1nO,1i.ItC b lIut tbe 􀁢􀀮􀁺􀁴􀀧􀀪􀁩􀁾􀁬􀁬􀀧􀁾􀁬􀁬􀀩􀁬􀁾􀁬􀁉􀁬􀀠l'ftU art!' flH'tb)' uro«lthd dun any uuaothmtlud
disJsC'J.Uirwliuo. dlrtribution or 􀁾􀁮􀁰􀁽􀀱􀁮􀁬􀀡􀀧􀀠bfthl!t 􀁾􀀧􀁈􀁴􀁩􀁵􀁮􀀮􀁩􀁳Nitti,. protdhhed. If ynu hall. NEe:iwd tw.. (;mnmuniuli.un in wror, plt»lR iltl.ntoo,h.w}.y ,Miry
IU by 􀁴􀁾􀁥􀁰􀁨􀁮􀁮􀁥􀀠»t lb" nmnb4!n: Ii.trd. 'I1ij\n'k ynn. 
SENT BY: UAA!S&LAN!EA; 2147060921; MAA·19·03 4:35PM; PAGE 2/4 Maris & Lanier A Pl"ofessiumtl Corpof;ltion 1450 Meadow Park Bldg .. LB 702 10440 N, Central Expressway Dallas. Texas 􀀷􀁾􀀠214·706·0920
telephOne 214·706-0921 facsimile 214-706·0922 direct dial awalker@marislanier.com March 1 e, 2003 VIA FACSIMILE NO. 21406l)H099 J. Stephen Hunniclll! The Hunnil:ult Law Fiml Preston
Commons 8115 Preston Road, Suite 260 Dallas, Texas 75225 Re: Pat Milliken v. Town of Addison, et. at. Cause No. 02·471 S-F in the 116th District Court of Dallas County File No. 1>07·066
Dear Mr, Hunnicutt: This letter is in response to your lett!'r dated March 11, 2003. The parties have filed an Agreed Motion for Continuance and are awaiting the Court's ruling, With
rega(d to tho mediation, Defendant, Town of Addison is currently available on any of the following dates; April 28, 29, and 30th. please be advised that the property in this matter must
be inspected before the mediation can go forward. We have tentatively scheduled the inspection for April 16, 2003 at 9:00 a.m. Further, the inspection is contingent upon Plaintiff providing
its expert's opinio/l and damage cakulations to Defendants. If either contingency is not met, then the mediation date will need to be postponed. 
eel ax: . lAR 18 3 4:3 PM Statlon ' SERJET 320 SENT BY: 􀁍􀁁􀁾􀁲􀁓􀀦􀁌􀁁􀁎􀁲􀁅􀁒􀀻􀀠 214 706 0921; MAR·18·03 4:35PM; PAGE 3/4 Should you have any questions, please contact me 􀁾􀁴􀀠the
number listed above. Thanking you in advance for your lime and attention, Sincerely, MARIS & LANIER} p.e \ istan! to Michael J. McKleroy, Jr. cc: VIA fACSIMILE NO. 214·9SJ-1332 Thomas
H. Keen Looper Reed & McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201 VIA FACSIMILE NO. 214-954-9541 James lennings Bellinger 8< DeWolf, L.l.P. 10,000 North Central Expressway,
Suite 900 D,lilas, Texa, 75231 
ece1\l Fa . 􀁾􀀱􀀠20 '37P, Fax tn' A ET 00 SENT BY: MARIS&LANIER; 214 706 0921; 􀁍􀁁􀁒􀂷􀁦􀀸􀂷􀀰􀁾􀀠4:35PM; PAGE 4/4 bee: VIA fACSIMILE NO. 512·491-2366 Rickey Garen Texas Municipal
League Intergovernmental Risk Pool P,O. Box 149194 Austin, Texas 78754 VIA FACSIMilE NO. 214·672·2020 Ken Dippel Cowles & Thompson 901 Main Street, Suite 4000 Dallas, TX 75202 VIA FACSIMilE
NO. 972-450-21137 Mike Murphy I'ublic Works Department Town of Addison p,o, Box 9010 Addison, Texas 75001 
IT BY: MARIS&LANIEA; 214 706 0921; MAA-14-03 3:30PM; PAGE 1 Maris & Lanier A Pro!c,\,:,inua) Corporat.lon. 1450 Meadow ParrBldg.. LB 702 . 10440 N. Central Expressway Dallas, Texas 75231
TELECOPIER COVER SHEET PLEASE DEUVER TO ADORESSEE IMMEDIATELY Date: March 14, 2003 To: Mjke Murglij( Via Telecopicr Number: 972-450-2837 Prom: .amy L. Walker LcCal Assistanl Direct Phone
Number (214) 706-0922 Direct 􀁔􀁥􀁬􀁾􀁑􀁰􀁩􀁥􀁲􀀠Number (214) 706-0921 Page.: Cover + to IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Autnn at: 1-214-706-0932 Re: Pat Milliken v. TIlWll
or Addis,m File No. 007-066 Message: See attached letter lcntatively setting inspection meeting for 04/16/03 at 9:00 Il.m_ _ Original will tollow by mail x Original will NOT follow by
mail Tht: Infortnallun L"lIl1hU.ued III 􀁴􀁨􀁬􀁾􀀠􀀱􀀧􀁬􀁍􀀮􀀧􀁦􀁗􀁵􀁕􀁾􀀠un::sS:'l,. h: 8U!lrm:y 􀁬􀀩􀁲􀁬􀁜􀀧􀁉􀀡􀁣􀁊􀀻􀁾􀁤􀀠u:ad 􀁜􀂷􀀮􀀨􀁉􀁮􀁦􀀧􀁨􀁬􀁾􀁮􀁕􀀲􀀧􀀠il1tul'lmlt.W.lJ Inl4lUtlNl
only fur du·. U';t of tit .. imJi",idual or eUly unmw allfrve, If filA; n.:utk.f or Il,'" 􀁬􀁮􀁡􀀮􀁾􀀢􀁬􀁉􀁢􀁾􀀢􀀠I\Ot tiw 􀁩􀁄􀀨􀁜􀀧􀁴􀁵􀁬􀁜􀀮􀁾􀀱􀀠t((lplHlt. )'1'111 IIrt.! buth),
IlotUted ttl:.t sny wluutborlud 􀀨􀁬􀁾􀁪􀁜􀁬􀀢􀁡􀁴􀁬􀀨􀁬􀁾􀁪􀀠di\tdbut1vn or upyinl.: lit tltit; tomnum'icativn Is strltdy tmllllhlt(d. It you bave rf!Cidvvc1 d.li$ tomxuuniattiQn 1.11
error. please 􀁪􀁭􀁵􀀱􀀨􀀮􀀧􀁤􀀢􀁡􀀬􀁾􀀧􀁹􀀠nnHfy 1,1,,\: by ItJtpbnn", IIf 􀁴􀁨􀁾􀀠nwubtr! Jim:d. 1'hll.ltk you. 
IT BY: MARIS&LANIER; 2147060921; MAR·14·03 3:31PM; PAGE 2 Maris & Lanier A 􀁐􀁲􀁯􀁦􀁾􀀤􀁓􀁬􀁯􀁮􀁡􀀱􀀠Corporation 1450 MeadOW Park Bldg., LB 702-" 10441fN. Central Expressway Dallas,
Texas 7523i-" 􀀲􀀱􀁾􀀢􀀷􀀰􀀶􀀭􀀰􀀹􀀲􀀲􀀠214·706-0921 (FAX) awalker@marisl:.tnier,(ol1'l March 14, 2003 VIA FACSIMILE Mike Murphy f'ublic Works Department Town of Addison 1'.0. Box 9010
VIA EMAIL Stan Randall ASI ROllt 6 Box 240 Sulphur Springs, Texil, 75482 Addison, Texa5 75001 Re: I'at Milliken v. City (ll Addison TMl Claim No. 0200085821 File No. 607-066 Dear Gentlemen;
Endosed please lind a wpy of the letter 0 opposing (:(lUnSe reh 12, 2003 tentiltively setting up the inspection meet' for April 16, 2003 at 9:00 a.m. As II will see from the letter,
this date/time may chan , Wlllldvi,f'. , (,!, Otherwise, please docket this date/time 011 your calendars, as each of you will need to attend the inspection. If you 􀁨􀁾􀁶􀀨􀀧􀀠any cOl1f1icts
with tnis date, 􀁰􀁬􀁥􀁾􀁳􀁥􀀠advise me as soon as possible. Sincerely, r is(an! to Marigny A. Lanier 
lENT BV: MAAIS&LANIEA; 2147060921; MAA·14·03 3:31PM; PAnE 3/7 ,-,< ' Maris & Lanier A 􀁬􀀩􀁲􀁯􀁦􀁾􀀤􀁩􀀻􀁩􀁦􀀩􀁮􀀺􀁬􀁬􀀠Corpor3liQrl""., . 1450 Meadow 􀁐􀁡􀁲􀁩􀀨􀁂􀁬􀁤􀀹􀁾􀀺LB 70f· --j·0440N.
Centriii-Exlmssway ·--oaiias. Texas 75231 214-706-0920 telephone 214-706-0921 facsimile 214-706-0927 direct dial MICHAEL J. McKLEROY. JR. March 12, 2003 VIA fACSIMIH NO. 214-953-1332
Thomas H. Keen Looper Reed & McG raw 1601 Elm Street, Suiu! 4100 Dallas, Texas 75201 VIA FACStMILE NO. 214'954-9541 James Jennings Bellinger & DeWolf. L.L.P. 10,000 North Central Expressway,
Suite 900 Dallas, Texas 75231 VIA FACSIMilE NO. 972-934-9200 Zack T. Mayer J-ee Smith Sharp & Vitullo, L.L.P. One Galleria Tower 1355 Noel Road, Suite 1200 iJallas, Tflxas 75240 Re:
Pal Milliken v. TOWIl of Addison, et at. Cause No. 02-471S-F in the 116th District Court, Dallas County FilE! No. 607-066 Gentlemen: Attached please find a copy of the Request for Entry
Upon Property serv!:!u upon Plaintiff Pat Milliken by Defendant Town of Addison. I have indicated a preference that the inspection take placo on April 16, 2003 beginning at 9:00 a.m.,
but J am amenable to scheduling an inspection for a time that is convenient to all parties. Further, as we 􀁤􀁪􀁳􀁣􀁵􀁾􀁳􀁥􀁤􀀠last month, I do not believe that any inspection will be
meaningful unless and until we receive " more detailed causation report 􀁾􀁮􀁤􀀠damage calculation. You indicated last month that we should expect to receive these materials within four
(4) weeks or 50. When can we expect to receive them? Also, I received som" correspondence from J. Stephen Hunnicut, the appointed mediator in this case. He is requesting new mediation
dates. In keeping with our desire to have the opportunity to inspect the property prior to mediation, J have instructed my assistant 
IT BY: MARIS&LANIER; MR. THOMAS H. KEEN Mit JAMF.S W. JENNINGS, III MR. ZACH T. MAYER MARCH 12, 2003 2147060921; MAR-14·03 3:31PM; PAGE 4/7 PAGE 2 to IJrovide dates for after April 16,
2003, assuming that thaI will be the inspection date. If the inspection occurs 􀁉􀁾􀁴􀁥􀁲􀀠than April 16, 2003, thl'n r will want the mediation to be pushed back accordingly. Should
you have any questions, comments or concerns, please do not hesitate to call. Thanking you in advance for your time and attention, Sincorely, MARIS & LANIER, Pc. Enc!nsure 
MAR-14-03 3:31PM; PAGE 517lENT BY: 􀁍􀁁􀁒􀁉􀁓􀁾􀁌􀁁􀁎􀁉􀁅􀁒􀀻􀀠214 706 0921; . ·IN THE UNITED STATFS DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PAT MILLIKEN §
§ v, § CIVIL ACTION § NO.3-02CV·11644·D roWN OF ADDISON, THE PRESTON § GROUP DESIGNERS AND BUILDERS, § WILLIAM I.ONG, rl{[STON HOMES, § INC., JON B. COLEMAN § DEfENDANT TOWN OF ADDISON'S
REOUEST F.QR ENTRY UPON PROPERTY 10, Pat Milliken, by and through her counsel of record, Thomas H. Keen, Looper Reed & McGraw, 1601 Elm Street, Suite 4100, Dallas, Texas 75201. COMES
NOW Defendant Town of Addison (0Addison") and, pursuant to Rule 196.7 of the Tp.xa, Rules of Civil Procedure, serves this Request for Entry Upon Property upon Plaintiff i'at Milliken
("Milliken"). In support thereof, Addison respectfully shows Ihe following: Addison requests that i( be permitted to enter upon, inspect, measure, surv .. y dl\<J photograph the property
located at 14905 Lake forest Drive, Town of Addison, 􀁄􀁾􀁬􀁬􀁡􀁳􀀠County, Texas (the "Property"), including entry into the improvements contained on the Property, on Wednesday, April
16, 2003 beginning at 9:00 a.m. and ending at 5:00 p.m. for the purposes of te$ling Milliken's theories of liability and damages, causation and remedial measures. The inspection shall
be made by a representative for Addison, the undersigned DEFENDANT TQWN Of ADDISON'S REOlJfSTJQ1UNT!.\Y_IJ1'{tN PROPERTY PAGE 1 
IT BV: MAR!SSLANIER; 2147060921; MAR·14·03 􀁾􀀺􀀳􀀧􀁐􀁍􀀻􀀠PAGE al7 attorney and experts· des.ignated by Addison. defendants to be prt'sent.during the inspection. Addison fllrther invites
Milliken and co-Respectfully submitted, MARIS & LANIER, P.c. 􀁾? 􀁾􀀭􀀨􀀩􀀠 State Bar No. 11933200 Michael J. McKlcroy, Jr. State Bar No. 24000095 10440 N. Central Expressway Suite 1450,
LB 702' Dallas, Texas 7523" 214-706..Q910 telephone 214·706-0921 facsimile A TTORNfYS FOR IJEFENDANT TOWN OF ADDISON DfffNDAN I roWN Of AUIlISON'S REQlIEST FOR ENTRY UPON PROPERTY PAGE
2 
SENT BY: MARIS&LANIER; 214 706 0921; MAR·14·03 3:32PM; PAGE 7/7 CERTIFICATE OF 􀁾􀁾􀁒􀁖􀁉􀁃􀁅􀀠This is to certify Ihat (! true, correct and complete copy of the foregoing instrument
has been sent via certified mail, return receipt requested on this thc 12th day of March, 2003 to: Thomas H. Keen Looper Reed & McGraw 1601 Elm Street, Suite 4100 Dallas, Texas 75201
VIA FACSIMILE NO. 214·')53-1332 James lennings Bellinger & DeWolf, l.L.P. 10,000 North Central Expressway, Suite 900 Dallas, Texas 75231 VIA FACSIMILE NO. 214·954-9541 Zach T. Mayer
fee Smith Sharp & Vittullo, L.LP. One Galleria Tower 13355 Noel Road, Suite 1200 Dallas, Texas 75240 􀁍􀁬􀀮􀀰􀀶􀀶􀁜􀁲􀁲􀁾􀀮􀁦􀁑􀁻􀀠OfFFNDIINIJOWN OF ADPISON'S REOUj;ST fOR ENTRYVPON
PROPERTY PAGE 3 
••p.p••••80m fe-ii,N'"'' NAiI-dMIPH' • ; E'se-SENT BY: MARIS&LANIERj 214708 0921j 􀁍􀁁􀁒􀀭􀁬􀁾􀀠-j 11:07AMj PAGE 1/3 Maris & Lanier A Professional Corporation 1450 Meadow Park Bldg,
LB 702 10440 N. Central Expressway Dallas, Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE IMMEDIATELY Date: March 13.2003 TQ: KeD DiPPel Via Telecopler Nmnber: 214-672-2020
To; Rickey GarclI Via ToJeoopier Number: 512-491-2366 To: Miktl Murphy Via Telecopier Number: 972-42Q:28J7 From: Amy L. Walker l.el:al Assistant Dircct Phone Number (214) 706-0922 !)iree!
'felecopicr Number (214) 706-0921 Pages: Cover + ;;;l IF YOU DO NOT RECEIVE ALL PAGES. PLEASE CALL Debbie at: 1-214-706-0924 Re: Pal Milliken v. City of Addison File No. 607-066 Me..'isage:
See attached letter with proposed mediation dates. Please provide me with your availability at your convenience. Thanks. _ Original will follow by mail X Original will NOT follow by
mail Th. inf()l'Oh"iou cuutuitwd in this ta.c!iimUe nte!iQse W􀁾􀁕􀁏􀁲􀀮􀁦􀁬􀁴􀀱􀀠􀁰􀁲􀁩􀁶􀁕􀁕􀁾􀀦􀁣􀁤􀀠ulkl evafidcotial JnftwmaiJun iutl!.UdW tIIlly 􀁉􀁏􀀢􀁬􀁾􀀠ll.'ie of the lndMdwlI
M' entity 􀁬􀁗􀁬􀁾AOOVt'. 'rtllt-􀁾􀁤􀁬􀁔oftbiB 􀁾􀁥tfl uot w Intended redpimJ. )'00 are lH!Ttby untJn..llhotl I\D7 UDIImhnrlzed dlsscaunation, dimifnllion (IT copying oflbls 􀀨􀁾􀁉􀁉􀀮􀁴􀁩􀁗􀁊iN
IIb'ictIy pmhihiUd. If,)'I»llun'. n\:n,,,...o t.tWt oommunadt,it. in ucvr, please munedJtudy lltUU:'V 1.1.\" by tclephUDI!: at the nllmbers bed. 1'haJ1k .fUll. 
􀁁􀁥􀁥􀁇􀁾􀁶􀁡􀁤􀀺􀀠3/13/0311;05AM; 214 706 0921 -> Town of Addison; Page 2 SENT BY: MARIS&LANIERj 214 7M 0921; MAR-1"311:07AMj PAGE 2/3 Maris & Lanier A l'rofe,,;onol C.orl'0rotwn 1450
Meadow Park Bldg.. LB 702 10440 N. Central Expressway Dallas, Texas 75231 214-706-0922 awalker@marislanier.com 214·706-0921 (FAX) March 13, 2003 VIA FACSIMILE Ken Dippel Cowles & Thompson
901 Main Street, Suite 4000 Dallas, TX 75202 Mike Murphy Public Works Department Town of Addison P.O. Box 9010 Addison, Texas 75001 Rickey Garen Texas Municipal League IntergovenHlH:!f1tal
Risk Pool P.O. Box 149194 Austin, Texas 78754 Re: Pat Milliken v. City of Addison TML Claim No. 0200085821 File No. 607·066 Dear Ken, Mike, and Rickey; The purpose ofthisletter is to
obtain your availability for rescheduling the mediation in the above-referenced matter. Currently, our offiCI;! is available fOf any of the following dates; April 21, 22, 23, 24, 2.5,
28, 29 and 30. Please let me know your availability by either returning this fax with the dates of your availability circled or telephone me at 214-706-0922. You IlI<lY also email me
at ilwalker@marislanicr.com. 
214 706 0921 -> Town 􀁯􀁾􀀠Addisoni Page 3Received: 3/13/0311:05AM; 2147060921; MAR-1t 'S 11:07AM; PAGE SISSEMT BY: MARIS&LANIER; Thank you for your tillle and attention to this matter.
I look forward to hearing from YOLI. Sincerely, MARIS & LANIER, P.e. sistant to Marigny A. Lanier 
􀁺􀀩􀀨􀀩􀁾􀀠?·) I MICHA. , .E.I (ffth Director of Public Works (972) 450-2878 (972) 450·2837 FAX mmnrphy@ci.addison.tx.us E-mail Town of Addison 16801 Westgrove Dr. P.O. Box 9010, Addison,
Texas 75001·9010 i i 􀁓􀁾􀁇􀀺􀀠tv/'fl /,M'" 􀀾􀁾􀀠􀁴􀁁􀁊􀁾􀀠1 'L /e fft>r re?,􀁲􀁾,.:.... i -r;. 0 f?S . Cvt.-d. 􀀨􀁾􀁾Cd..f I "KI-/P:> !t;?G WI 71.. 􀁾􀀠f1...-...-􀁾􀀮􀀮􀀮􀁥􀀮􀁡􀁳􀁥􀁾􀀠i
V,JO;-f-JJl LMI)7C.6-pt,J&-to IN<7ZA l(ED ! 8ef 􀁾􀀠CVM{) 􀁬􀁾􀀠􀁬􀂣􀁬􀀭􀁣􀁥􀁾􀀠-(is pA'\ M· 􀁮􀁚􀁾􀁦􀀭􀀧􀁄􀁴􀁎􀁾􀀠􀁜􀁊􀀿􀀿􀁾􀀠􀁑􀁉􀁕􀁶􀁊􀁾􀀠􀁩􀀦􀁎􀁾􀀠krow L-( !)Jl U t-lo LoJbtll-t::1fECi.
" &\C£) pC2-E:rp tJ..'/(b UJrbM t-r f1;! 􀁾􀁾􀀺􀁲􀁊􀁾􀀠Lf1"-zt12. MO(5l 􀁾􀁉􀁊􀁅􀀺􀀠􀁷􀁾􀁾􀀴􀁦􀁻􀀻􀁴􀁾􀀠􀀨􀁾􀀧􀀺􀀾􀀭􀁲􀁾􀁬􀀠􀁧􀁾􀀠􀀭􀀨􀁾􀀠􀁾􀁶􀁗􀀧􀀠
PUBLIC WORKS MEMORANDUM TO: Amy Walker FIJ)( (:z:t'1-) 􀀷􀁏􀁇􀁊􀁾􀁊􀀺􀁺􀁥􀁲tJ ':;.J!/FROM: Mike MUrphtllYirec:t:or􀁴􀀱􀁐􀁵􀁾􀁉􀁥􀁳􀀯􀁁􀁣􀁦􀁴􀁴􀁦􀁳􀀻􀁻􀁊􀀱􀀴􀀠Fa.x # f:J/,2) 450":2f?3/,
off# f:J/,2) 4S??=:::?II';Tg PATti: -lYecem/:lerlj, 2002 (l4Um/:lert1pages7) I ltit1ve attaoltievl "'" 􀁡􀁩􀀧􀁬􀁍􀀺􀁾􀁥􀁲􀀵􀁗􀀧􀀢ofti1e proposevl 􀁴􀀱􀀺􀀵􀁴􀁴􀁾􀀡􀁪􀀮􀀠ALso LVl-CLuvlevl
elYe vlooui'lM:"'ts tl1l1t I1re referrevl>to L", 􀁡􀁙􀁋􀁥􀁾􀁥􀁶􀁬􀀠testLYKo"'!j< 
From: Amy Walker [awalker@marislauier.oom] Sent: Tuesday, December .l7,2002.2:48. PM To: mmurphy@ci.addison.tx.usSUbjec:t:.Milliken vs. TownofAIldison Hi Mike, lam writing you fortwa.reasons.
tile first is tofollow-up. with you on scheduling tile mediation in this case. Currently; we are. looking at tile following.dates: Jan. 9.-10. 13, 14 and tile week of Feb.-10th. Can
you let me knowwhicltofthese dates Will not wolk for you.and I will go ahead and set the mediation. Also, we have to designate expert Witnesses_befOre December 26;.. 2002. We will be
designating you as an expert and will be-tisting )lour _area of testimony,as folfows: (2) the. slIbjeCtmatter on whiclt-the expert will testify; ANSWER:: Mr. Murphy is expected:to provide
rebuttaUestimonyto the opinions given by_ PlainIiIf'sexperts on tile sufficiency of.the drainage plans anddel1e1opment by the Developer Defeudai1ls In addition, Mr. Murphy is-expected
to provideexperUestimony regarding 1he drainage system installed onthe Property-(Please refer refer to wording on the face ofthe signed platthat refers to "Any Drainage and Floodway
Easement" which Indemnifies and holds harmless the city from damage and injury associated from storm water overflow and allows for the CIty, but does not obligate the City, to construct
what ever drainage the Cltv deems necessary}. and the. condition ofthe drainage on1he Property at alilirnes relevant to tIlis litigation, including tile present. (3) The general substance
ofthe-􀁥􀁸􀁾􀀧􀁳mental impressions and-opinions and a briefsummary ofthe basisrortllem, or if the expert· is not retained by, employed-by, or otherwisemJbject to your controf, documents
reIIectingsuchinformaliOn; ANSWER: Mr. Murphy is expected to testify that the.drainageplanssubmitted by the·Developer Defendants were sufficient to provide adequate drainage. to the
Property and to avoidffooding (Had they been Installed properly and In a timely manner -refer to letter from the Preston Group dated 1f1f6101). Mr. Murphy isfulther .expected to testify-that
the drainage problems, if a/I¥', experienced by the Plaintilf existed, In a large part, from collditions unretated to tireDeveloper Defendants and inthe control ofthe Plairdilf. Specifically,
Mr. Murphy is expected to teslifythat the natural slope of the back-yaltl of the Property, the configuration of the back part of the house, thelocalion of the retaining wall between
the Property and the Watters' Property .and the ill-maintained condition of.tfle 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 coUecting'on the rear patio of the Property that was tile -proxtmate:cause oftile 'Plaintiffs flooding. Mr. Murphy-isfurther expected to
testify that any drainage problems arising outside of the Property,were remedied by the installation ofthe drainage·system; (Please refer to wording on the face ofthe signedplatthat
refers to "Any Drainage andFloodway Easement" which indemnifies andholds harmless the city from damage andinjury associated from storm water overflow and allows for the city, but does
not obligate the CIty, to construct what ever drainage the City deems necessary). We would·Uke for you to review this to makesureiHs accurete. Ifthere is any language that we need to
add/delete, pleasefet us know. Also, if you have-aresume, we are required to produce one; Ifnot, that is okay; l1f juslneedto know. Thanks. If you have any questions, my direct line
is 214-706-0922. Amy 
SENT BV: MAAIS&lANIEA; 214 70S 0921 ; DEC.1B-02 10:4SAM; PAGE 1/2 Maris & Lanier 1450 Meadow Par\( Bldg.• lB 􀁪􀀰􀀲􀀱􀀭􀀱􀁩􀀱􀁏􀁮􀀻􀀴􀁩􀁁􀁾􀁩􀁩􀁩􀁏􀀢􀀢􀁪􀀻􀁎􀁊􀀮􀀨􀁃􀁾􀁥􀁲􀀻􀁮􀁴􀁦􀁲􀀮􀁲􀁡􀁩􀁩􀁪􀁉􀀧􀁅
􀀧􀀻􀁸􀁰􀀻􀀻􀀻􀁲􀁥􀀻􀀻􀀻􀀻􀀻􀀵􀁳􀀻􀀻􀀻􀁷􀀻􀀻􀀻􀁡􀀻􀀻􀀻􀁙􀀭􀀭􀀭􀀭􀀭􀀭􀀻􀀺􀁏􀀻􀀺􀀺􀁡􀀺􀁲􀁲􀁬􀁬􀁡􀀺􀀺􀀻􀁳􀀺􀀭􀀮TT=ex:::a::s"'7''''S'''23'"1;-TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRESSEE
IMMEDIATELY Date: l.)ecember 18. 2002 To: Mike Mu[phy Via Telecopier Number: \/72-450-2837 To: Ken 􀁄􀁩􀁉􀁬􀁐􀁾􀀱􀀠Via Telecopier Number: 214-672-2020 From: Amy 1. Walker, Legal Assistant
Direct Phone Number (214) 706·0922 Dire<-1 Telecopier Number (214) 706·0921 Pages: Cover + 1 IF YOU DO NOT RECEIVE ALL PAGES. PLEASE CALL AUlna at: 1-214·706-0932 Re: Pat Milliken v.
Town of Addison File No. 607-066 Message: Mediation conlirmaCion for 02/10/003 at 9:00 a,m. _ Original will follow by mail x Origiruli will NOT follow by mail The Inftlmurttnn COn1aP)ed
in tblS fatJlmI1e mtUllAo iilllltnrlWY 􀁰􀁲􀁩􀁶􀁩􀁴􀁬􀀡􀁾􀁤􀀠WId: eonftlte:aflallutorllwioo intended only rQr the use oJ' dIU blltivldwU ur ftllU)' named atJqvt', Ifthe ns.dfr .,fdW:
􀁾i5 nnt lb .. Jnho.ndeO 􀁾􀁾you IU't-bkeby nolintd U,IC all}' 􀁕􀁄􀁂􀁕􀁴􀁦􀁷􀀱􀁴􀁾􀀠􀁾􀁍􀀩dMtrrbut1Q1\ Ol' C4pytitg, or thi!J 􀀬􀁾􀁏􀁭lH NW.11y prJlhll'!Ued. 1f)'01I ha\le 􀁾thU CftJmlunie.llou
in ttror, plc.c iDunedl»ttly nnUry 􀁕􀁾􀀠by teltphone llil Ibe numbu_1Wted. 'Ih.ank you. 
2147060921; DEC·1B·02 10:46AM; PAGE 2/2SENT BY: MARIS&LANIERj Maris & Lanier A Profc::;sional Corpuration 145'0 Meadow Park Bldg., LB 702 awalker@marislanier.com 10440 N. Cenlral Expr&ssway
Dallas, Texas 75231 214-706·0922 214-706-0921 (FAX) December 18, 2002 VIA FACSIMILE Ken Dippel Cowles & Thompson 901 Main Street, Suite 4000 Dallas, TX 75202 VIA FACSIMILE Mike Murphy
Public Works Department Town of Addison P.O. Box 9010 Addison, Texas 75001 Re: Pat Milliken v. City of Addison TML Claim No, 02000BSf:l21 File No. 607·066 Uear Ken and Mike: This letter
will wnfirm thilt a full-day mediation session has been scheduled for February 10,2003 a19:00 a,m. before mediator J. Stephen Hunnicutt. Once I have received the mediator's confirmation,
I will forward 1) copy of same to you. Should you have any questions, comments or cono'!rns, please do not hesitate to contact me. Sincerely, MARIS & LANIER, P.c. Enclosure 
Page 1 of2 􀁍􀁩􀁣􀁨􀁡􀁥􀁬􀁾􀁨􀁹􀀠􀁾􀁃_____, __'c___􀁾____'_" ,_cc,__-.c__ c_c ____, ____ '_, ,_ , __,c,c, ' ___,,_"" __"" __""_"'" "'C"""""'________________ , j From: Amy Walker Iawalker@marislarlier
,comJ '1JI' Sent: Tuesday, December 17, 20022:48-PM To: mmurphy@ctaddison.tx.us Subject:'MiI!iken vs. Town ofAddison Hi Mike, I am writing you for two reasons, ttIe firstlstoJoliow-upwithyou
on 􀁓􀁃􀁨􀁥􀁤􀁕􀁬􀁩􀁮􀁧􀁾􀁥'.illthis case. Currently; we are looking atthefOllowing:datas: Jan-. 9;10,13, 14and the week eb.1 £anyou let me know, which of.these dates Will notwork,fOr
y-oltand I Wiltgoahead and,setthe mad' ·on. ' Also. we have to designate expert witnesses befOre' December26, 2002. We Will be designating you as an expert and Will be listing your area
oftestimony as'faIlows: (2) the sui:ljec1:matter-on which the expert,wiII1estifY; ANSWER: Mr. Murphy is expected to provide rebuttaltestimony to the opinions given by Plaintiff's experts
on the sufficiency of the dminage plans and development by the Developer Defendants. In addition, Mr.. Murphy is expected to provide expert testimony regarding thedrainage system installed
on the 􀁐􀁲􀁯􀁾􀁲􀁴􀁹􀀬and therondltion of the drainage on the.,Property at all times relevanl'to:this litigation, including the present OJ{31 the general substance ofthe expert's mental
impressions and opinions and a briefsummary oft.he-baSis fOr them, or iflhe expert is'not retained by, employed by. or otherWise subject to your control, docttments reflecting such infOrmation;
,. 􀁴􀀮􀁢􀀭􀁾􀀠􀁾􀁉􀁏􀁊􀁬􀀠of. ,_ , ANSWER: Mr. ,isexpected to testifY that 􀁴􀁨􀁾􀁥􀀭􀀺􀁤􀁾􀁲􀁡􀀭􀀺􀀭􀁩􀁮􀁡􀁧􀀭􀀭􀁥􀀭􀁰􀁬􀀭􀀺􀀭􀀭􀁡􀀭􀁮􀁳􀀭􀀧􀀭􀁳􀀭􀀺􀁵􀁢􀀺􀀭􀀭􀀬􀀭􀀺􀁮􀁪􀀺􀀺􀀺􀁬􀁴􀁥􀁤􀀭􀀭􀀺􀀭􀀺􀀭􀁢�
�􀀭􀁴􀁨􀀺􀀺􀀭􀁥􀀺􀁄􀀺􀀭􀁥􀀭􀁶􀀭􀀺􀁥􀁬􀀺􀀭􀁯􀀭􀀺􀁄􀀺􀀺􀀭􀁥􀀭􀀺􀀺􀁦􀁥􀀭􀁮􀁤􀀭􀀺􀀭􀁡􀀭􀀺􀁮􀁴􀁳􀀺􀀭􀀭􀁷􀀭􀁥􀀭􀁲mcient· r. urphy is II er expe to '« t that rainageproblems.WCIt,experienced by 1b:e:P from conditions unrelated to the . \ Developer Defendants and in the conlml ofthe 'Plaintiff. Specifically, Mr. Murphy is expected to1estify that the tJo( natural
slope ofthe back-yard ofthe Property, the configuration-ofthe back part of the house. the. location ofthe ........'t-fl. retaining wall between the Property and the Wilttem' Property
and the ill-maintained con-ditionofthe:gutters, :e;",. rr:-􀁾􀀠down-spouts and french drains on theProperty contributed to the collecticin ofrain water falling on tile Property, VtlfF
/'remaining on the Froperty and collecting ontlie rearpalio oflhe Property Ihal was the proximatecal:lse oflhe 1«£ 􀁾Plaintiff's 􀁦􀁬􀁯􀁯􀁤􀁩􀁮􀀮􀁾􀀮􀀠Murphy is further expected 10 testifY
thalany dminage problems arising outside ofthta.--'.Jl-􀁔􀁟􀁾t;:r\?u!-7􀁾􀁹the installation of the drainage systern;J'('117 􀁾􀀱􀁜􀁾􀁾􀁉􀁊We would like fOr you to review thisto make
sure'it is accurate. Ifthere is any languagethatwe:need to • \L add/delete, please let us know. Also, ifyou ba1te a resume,. we. arerequired to produce-one. Ifnot; that is okay, Wr-l"
I'll just'need to know. Thanks. Ityou have any-questions, my direct,line line is 214-7Q6.0922. Amy r Amy L Walker. Legal Assistant:to Robert F. Maris and:MalignyA.l;anier lk\t,. 1>'
p 􀁾Maris &:Lanier, !':C. 10440 N. CerdlaiExpressway, 3uite-1450 􀁬􀁾􀁾􀁉􀁾􀁾􀁩􀁌Daltas, Texas 75231 214-706-0922 Direct Dial 214-7Q6.0920 Fax 'AfTJ 􀁾􀁦􀁬􀁾􀀧􀁦􀀠􀁾􀁬awalker@marislanier.com
L;..ro'\2M· 􀁾􀀠The preceding e"maii message Qncludinganytdtaclunents):contains information Ihat may: be confidential; be protected bythe atlorn-ey"'CIient or othef applicablepfivileges,
or constitute-non-pubHc infOrmation. It 6-,1)2 ,:\#fr 1"f9CjZ' 12/19/2002 
From: Amy Walker [awalker@marisfaaier.com] Sent: Iuesday,.December H,ZOO2..2:4ff:PM Til: mmmphy@ci.addisorUK.us-Subject: MiHilren vs .. TownmAddison Hi Mike, i am writing you for two
reasons, the first isto follow-upwill1 you on sclJedulillQ the mediation in this case. Currently, we are lookingatthe. foUowing:dates: Jan. 􀁾􀀬􀀭􀁴􀁏􀀬􀀠13,14 and the week ofFeb. 101h.
Can you let me know which ofthese dates wi" not work for you andl will go ahead' and set the mediation. Also, we· have to designate expert witnesses befme Deeember 26,.2002. We-wiU be
designating you as an expert and wi" belistfug:yourarea .. oftestimony as follows: (2)the subject matter on whiGllt/Je expM WiUtesfify; ANSWER::Mr. Murphy is expected-to:provide rebutml1estimoll¥:to.
the opinionscgilren by. Plaintiffs: experts on the sutlicienC¥. of.ttre·drainage.plansand.development bythe:De\leloper Defendants:!n addition, Mr. Murphy:isexpected.1o provli:le experttestimony
regardiflg1lre draInage system installed on the Property.' and the condition condition of the drainage .on·the-Property at all times relevantto this litigation;. including the present.
f3) The general substance oft/JeeJIpefl's mental impressionsan<iepinions and a brief summary ofthe basis forthem, or ifthe expert is,001 retained by;·employed by, or otherwise subject
to your control, documents reflecting such iilfollTllllion; ANSWER: Mr; Murphy Is expected to testify that the drainage, plans submitted-by the Developer Defendants were sufficient to'
provide. adequate drainage 10 the Property and loavok! flooding • Mr. Murphy is further expected to :testify that the drainageprol:ltams, experienced by the Plaintiff existed; from conditions
unrelated to the Developer Defendants and Inthe' control ofthe Plaintiff. Specifically, Mr. Murphy is expected to testify that the natural slope of·the back-yard ofIhe PropertY,the.configuration
􀁯􀁦􀁴􀁨􀁥􀀭􀁢􀁡􀁣􀁫􀁾􀁲􀁴of the house, the location of the retaining wall between -tOO' Property:and the Watters' Property and the ilt-maintamed condition of.of.the gutters, down-spoutsand,Frenctl:d
rains on the·-P.roperty contriboted to the collection of raill'water falling on:tbe Property, remaining on the Property and collecting OfT the: rear patio otthe Property-Ihat .waslhe
proxImate.cause of thecFllalntiffs flooding. Mr. Murphy is'further expectedlo·testify that. any drainage problems arising outside ·of the Property were remedied by:tbe-instatlatioo:.ofthe
drainage-system. We wouk! like for you to review·this 10 make sure it is accurate. If there is any language that we neOOto addldelete, please let us. know. Also, if.you hllYe a resume,
we are required to . produce one: If not, that is okay,. 1'II.just need to know. Thanks . .If you have any questions; my dlrectlineis 214-706-092.2. Amy 
Amy l. walker legal Assistant kt Robert F;:Maris.:ll!'IdiIIaI!gn.A.±anier Maris & lanier, P.C. 10440 N. Central Expressway•.B.uite_1-450 Dallas, Texas 75231 21+706-0922.Direct Dial 2:14-706-Il9IIDFax
awalker@marislanler.com The preceding il-mail message (inGiuding any ·atlacmnenls)-6Olltains infomalion that may be confidential; beprotectea by the 􀁡􀁴􀁴􀁯􀁾􀁩􀁥􀁮􀁴􀀠or otller applicable
privileges, or constitute non-publlc·informatioo.· It is intended to be conveyed 0IIIV1OCthe designated reciplellt(s}. #.you are not:an.intended reCipient of this:message, please notify
thesslld&r·by replyinQ;to this message and·then dl3lete it frooryoor system. use, dissemination, distribution. Of reproduction oftllismessageby_intended recipieRlS Is not autllorized
and maybe unlawful. 
HP LaserJet 3200se TOALASERJET 3200 invent 9724502837 DEC·19·2002 11:45AM Fax Call Report Job Date Time Type Identification Duration Pages Result 880 12/19/2002 11:38:46AM Send 92147060921
6:35 7 OK n:>:: A..Vt<fl:J 􀁾􀁬􀁊􀀨􀀬􀁤􀀬􀀮􀀠 Fttx (:l::t-+) 􀀻􀁎􀁴􀁊􀁾􀁰􀀿􀁊􀁕􀀠 􀁾Mlk.t P11{rpiltfo 􀁢􀁩􀁭􀀻􀁴􀀢􀁲􀁱􀁦􀁰􀀡􀁻􀁾􀁁􀁤􀁲􀁩􀁩􀁳􀀮􀀺􀁯􀀼􀀮FItX, 17;»<::» 'IM-:JIi!1." CJff,
􀁻􀀺􀁊􀀮􀁊􀀧􀀺􀀴􀁾􀀺􀁍􀀷􀀧􀁉􀁬􀀠Mrti: 1:),!UrltiJuQ, 􀁾􀀠(fW"'btrgfpb9M·7) 􀁾􀀢􀀧􀁩􀁪􀀮􀀠I 􀁨􀁑􀀧􀁬􀁉􀁾􀀠ClttAehtd 􀁲􀀺􀁴􀀱􀀢􀁯􀀱􀁬􀁾􀁴􀁉􀀧􀁓􀁾􀀢􀀢􀁯􀁦􀁴􀁮􀁥􀁾􀁾􀀮􀀠Alu 􀁴􀁾􀁫􀁤􀁴􀁤􀁑􀁾􀀠􀁾􀁾􀁬􀀺􀁨􀁁
􀁴􀁬􀁬􀁲􀁴􀁲􀁴􀁻􀁴􀁮􀀭􀁴􀁤􀀧􀁴􀀺􀁰􀁴􀀮􀀮􀀮􀁉􀁉􀁾􀁴􀀻􀁣􀀮􀁉􀀺􀀮􀁴􀁌􀀢􀀬􀁱􀁍􀁴􀁬􀀢􀀠Alw. tw!.U. 􀁾􀁵tJOOiI" rrd'UNd-vtr:5fc>'l. 
SENT BV: UARIS&LANIERj 214 706 0921; DEC·9·02 2:15PM; PAGE lIe Maris & Lanier A Pro(cs;,;jonai Corporat-ivn 1450 Mead()w Park Bldg., LB 702 10440 N. Central expressway Dallas, Texas
75231 TELECOPIER COVER SHEET PLEASE DELIVER TO ADDRFliSEE IMMEDIATELY Date: December 9, 2002 To: Ken DiD,pel Via Telecopier Number: (214)672-2020 To: Mjke Murphy Via TeJecopier Number:
(972)450-2837 FTom: Am)' L Walker. Leila! Assistant Pages: Direct Phone Number Direct Telecopier Number Coyer +5 (214) 706-U'l22 (214) 706-0921 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE
CALL Autna at: 214-706-0932 Re: File No, 607-066; Pat MilIjken v Town QfAddisQIl Message: See attached Jetter from mediator dated lZ/04/0Z. Original will follow by mail _x_Original will
NOT follow by lIlail The infoTnwlion tonlaincd in this r"",imUe mess_Ae is otlor...y privileROO .nd <onlidentla! Information lnlelldcd only for the ..... uf the individual or entity
named nbove, If ill. read"" of Ihis m ....ge i. not tbe intended recipient. you UTe her.Ily ""lifted that any unawhoriud di._Uon, distribution or 􀁾􀀢􀁰􀁹􀁩􀁮􀁧􀀠or this communication
is strictly "T"hlllUed. If you b ••••colved Ibis communitaUnn in error. please immedialely notify un by telephone Ilt the numbers listed. Tbank you. 
·ENT BY: MARIS&LANIER; 214 706 0921; DEC·9·O? ,2:15PM; PAGE 2/6 Maris & Lanier A 􀁬􀁾􀁲􀀨􀀧􀁊􀁦􀁴􀀧􀀺􀁾􀁾􀁪􀀨􀀩􀀧􀁬􀁡􀀧􀀠Corporation 1450 Meadow "'ark Bldg .. LB 702 10440 N. Central
Expressway Dallas, Texas 75231 214·706..(l922 214·706·0921 (FAA) December 9,2002 VIA fACSIMILE Ken Dippel Cowles & Thompson 901 Main Street, Suite 4000 Dallas, TX 75202 VIA FACSIMilE
Mike Murphy Public Works Department Town of Addison P.O, Box 9010 Addison, Texas 75001 Re: Pat Milliken v. City of Addison TML Claim No. 0200085821 File No. 607-066 Dear Ken and Mike:
Enclosed for your file is a copy of the correspondence we received from the mediator in the above-referenced matter. As you know, the deadline for us to participate In mediation is February
24, 2003. Therefore, Iwill be contacting each of you in the near future to obtain your availability for the mediation. Should you have any questions, comments or concerns, please do
not hesitate 10 contact me. Sincerely, Enclosure ssislant to Marigny A. Lanier 
,SENT BY: MARIS&LANIERj 214 70B 0921 j 􀁄􀁅􀁃􀀬􀀹􀀬􀀰􀁾􀀠2:1BPMj PAGE 3/6 THE HUNNICUTT LAW FlRM PRfi'iTON COMMON:; J, Sleplunf 􀁦􀁉􀁕􀁦􀁭􀁩􀀨􀁾􀁴􀀴􀁔􀁬􀀠8! 15 PRESTON ROAl'. SUIn: 260
Telrphrme: (2/4) 361,6740 DAI.tAs, TEXAS 75225 F"t."imi/e: (214) fi9} ,5099Altomeyan.d Ml.:dialor December 4, 2002 Thomas H. Keen James W, Jennings Looper Reed & McGraw 10000 N, Central
Expwy 1601 Elm Street, Ste. 4100 Suite 900 Dallas, TX 75201 Dallas, TX 75231 Marigny Amort Lanier 1450 Meadow Park, Bldg LB70Z 10440 N. Central Expwy Dallas, TX 75231 Re: Cause No. 02-04715-F;
Pat Milliken v. Town of Addison; 116'" Judicial District in Dallas County, Texas Dear Counsel: As you know, Mr. Hunnicutt has been appointed to serve as Mediator for the abovecaptioned
malter, In order to mediate Ihe case within the time frame requested by the Court, we need to determine a mutually convenient time. As shown on the Uniform Scheduling Order signed by
Judge Lopez the mal date is March 24, 2003 and the mediation Is to take place no later Ihan 30 days before the Initial Trial Setting. Attached you will find Mr. Hunnicutt·s Informalion
Sheet, please use this form to forward the information requested. At this lime Mr. Hunnicutt's calendar Is filling up quicklyforlhe months of December. January and February. Therefore
your prompt response is appreCiated. Please contact our office with dates you and your client(s} are available to mediate this case, Further. please review the addressees of this letter.
1have tried to identify all counsel of record in this case and to include them in this communication, However, I may have inadvertently neglected to forward this letter to each counsel,
􀁾party. intervenor or to any guardian ad litem, If you know of any other counsel, pro se party or intervenor to this case to whom 1ought to have addressed this letter. Of if a guardian
ad litem has been appointed, please let me know right away. 
SENT BY: MARIS&LANIER; 2147060921; 􀁄􀁅􀁃􀂷􀀹􀂷􀀰􀁾􀀠2:16PM; PAGE 4/6 Thank you for your attention and cooperation. Sincerely yours, 􀀭􀁲􀁦􀁬􀁾􀀧􀁾􀁾􀀱􀀱􀁾􀀯􀀯􀀱􀀠Marti Spivey 􀀢􀀧􀀢􀀧􀀢􀁾􀀠􀁾􀀠Assis
tant to J. Stephen Hunnicutt Imds Enclosures 
$ENT BY: MARISAlANIER; 214 706 0921 ; 􀁄􀁅􀁃􀀭􀀹􀀭􀀰􀁾􀀠,2:16PM; PAGE 5/6 J. STEPHEN HUNNICUTT Attorney-Mediator Policy. The process of mediation seems to work best when all parties
have shared in the payment of the mediation fee, My policy is to provide mediation services at a reasonable costs. In fact, the costs to each party is less than each party would spend
on costs and attorneys' fees for a deposition for the corresponding amount of time. You will receive my best efforts toward resolving the dispute. Description of seNices and expenses.
The full day fee includes: • Scheduling and administering the session; • Any pre-mediation attomey conferences; • Conducting the mediation session; • Conducting the post-session telephone
facilitation, correspondence and preparing settlement proposals as needed; and • Lunch and refreshments for all present My fees for mediation are as follows: • $500.00 per party for
a half day mediation; and • $1,000.00 per party for a full day mediation. A typical full day mediation mediation begins at 9:00 a.m.. includes a working lunch and continues until completed,
this does not apply to half day mediations, CBncelJation fee: Please notify this office of any cancellation of the scheduled mediation within 48 hours or a fee equal to half of the mediation
fee will be charged to parties. My tax 1.0. number is 448-70-3785 
SENT BY: MARIS&LANIERj 214 70B 0921; DEC·9·0? 2:1BPM; PAGE BIB COMPLETE AND FAX ONLY THIS PAGE TO (2141691.5099 Re: Cause No. 02-04715·F; Pat Milliken v. Town of Addison; 116'· Judicial
District in DaUas County. Texas Please also state the following; 1. Trial date: ____________ 2. Amount in controversy according to currant pleadings: a. Damages (excluding punitive or
statutory penalties) sought by Plaintiff: Less than $100,000; --Belween $100.000 and $500.000; __Belween $500,000 and $1.000,000; Over $1 ,000,000; and --Attorneys' fees (through triel):$
; or __Other. Specify: ___________ b. Damages/relief (excluding punitive or statutory penalties) sought by Defendant: __Less than $100,000: Belween $100,000 and $500,000; --Belween $500,000
and $1.000,000; __Over $1.000.000: and __Attorneys' fees (through trial):$ : or __Other. Spacify: ____________ 3. My client's last demand/offer: $,_________ By:_____________ Printed
Name:_________ Counsel For: __________ Date: _________ 
SENT 􀁾􀁙􀀺􀀠MAAIS&LANIER; 214 70B 0921; AUG·15· 0'10: 03AM; PAGE 114 , 1450 Meadow Park Bldg" LB 702 10440 N, Cantral Expressway Dallas, Texas 75231 TELECOPIER COVER SHEET PLEASE DELIVER
TO ADDRESSEE IMMEDIATELY Date: Augus( 13, 2002 To: Mike Murphy Via Telecopier Number: 972·450-2837 Prom: Marigpv A..Lanier Direct Phone Number (214) 706·0920 Direct Telecopier Number
(214) 706-0921 Pages: Cover + 3 IF YOU DO NOTRECF.TVE ALL PAGES, PLEASE CALL Autna at: 1-214-706-0932 Re: Pat Milliken v. Town of Addison File No. 607·066 Message: Attached please find
the Scheduling Order. _ Original will follow by mail _x_ Original will NOT follow by mail 'fh\\ inform"rion t:ofU.inm in: rJd. fsralmil.. "Ius-Ie I, .ttorl\q 􀁰􀁬􀀧􀁩􀁶􀁬􀁬􀀮􀁾􀀮􀁤􀀠Knd
<'ltl'lndrntiRi infnrmadon inltltde4 only for lilt ule 0,1' the inuivldual orntity ua.uftlabuye. 'ftbc n:.adtr oUM, mel.". I. no' the: lnlended 􀀢􀁥􀀧􀁰􀁬􀁾􀁮􀁴􀀮􀀩􀀧􀁯􀁬􀁬􀀮􀁲􀁥􀀠henby
nodO." fhi DdY unlulftuT'Jcd dlucmil'lattoll, 4htrlbutton ur copylnlJ..Unit tomrnlllnh:nllon I, Jtrltrlyprohiblttd. if,o\! hll' e. rt-efJnd dllt tOlDmilnic:aUon In 'mf",.,iean 􀁉􀁭􀁭􀁥􀁤􀁩􀀮􀁉􀁾􀁊􀁹�
�Rotify II. by ft·jt:phonf'. At the nluub.rt ti.ted. Thank )'ou, 
SENT BY: MARIS&LANIER; 214 706 0921; AUG-15 -􀁏􀁾􀀱􀀠0: 03AM; "..i PAGE 2/4 IN THE UNITED 8TATES DISTRICT FOR TIm NORTHERN DISTRICT OF DALLAS DMSION U.S.D(STRIcrCOVRT NOll1BERHDlSTRlcrOP'lUAS
FILEDOURT r--=-:=::=-.---, )(As II-Iall PAT MILLIKEN, Plainlift § § § § Civil Action No. 3:02-CV-II64-D YS. § § . TOWN OF ADDISON, et aI., § § Defendants. § SCHEDULING ORDER PUI5\lant
to Fed. R. Civ. P. 16(b) and 26(1), the court's Civil Justice Expense and Delay Reduction Plan (Misc. Order No. 46), and the local civil rules (as amended through. December I, 2000),
and after having cOll5idered any proposals submitted by the parties, the court ento;u this scheduling ordcr. Ifa date specified in this order falls on a Saturday, Sunday, legal holiday,
or date on which the clerk's office: is closed by dircctioDofthe court or is otherwise inaccessible, Jee Rule 6(a), the deadline is the next d'ay that is not'one oflbe aforementioned
da)'ll. l PRETRIAL SCHEDULE The parties must cotnply with each ofthe following deadlines unless a deadline \s modified by court order upon a showing ofgood cause, as required by Rule
l6(b), A. Joinder ofPartjCli A party IIlust file a motion for leave to join other parties no later thnn January 1,2003. A party with the bwdcn ofproofon aclaim or defense mU5t designate
􀁥􀁬􀀼􀁰􀁾witnesses and olberwise comply with Rule 26(a)(2) no later Iban Marth 1.lD03. C. Rebuttal E!lPe;r1 Wjtneslj!j§ A party who intends to offer expert evidence "intended solely
to contradict or rebut evidence on the .arne subject matter identified by iUlother party under [R.ule 26(a)(2)(B»)" must designate expen witne3sCS and otherWise comply with Rule Z6(a)(2)
110 later than May 1, 2003. 
SENT BV: MAAIS&LANIERj 214 706 0921 j AUG-1S·0? 10:04AMj PAGE 314 . D. Amendment ofPleadjggs Apmy must file II. motion (or loave to amend pleadings no later than JlIly I, Z003. E. Completion
ofDiscoyery, Filing of Joint Estimate ofTria! Length and Status RC!lort The padies mllSl complete dillCovezy. and file a joint eslimate of trial length and joint status report eoncoming
the progress ofsettlement negotiations no later than Alignst I, 2003. F. Summary Judgmcnt MOUQD§ A PIll1Y must file a motion for SIIIIIIllIIIYjudgmellt no later than September 1, 2003.
The deadline imposedby the Ietal (livil rules for filing amolion for $UDJlIIlII}'judgment does not apply in this case because the court by this order has established a different deadline.
Counsel should review cardillly N.D. Tex. eiv. R. 56.2(b), which limits to one the number of SUInDlIII'Y judgment molions 1IIat a paxly may file "( u Jnless othenvise directed by the
presiding j \ldge, or permitted by the Federal Rules of Civil Procedure." G. Motions Not Othetwj$C Cpyered A party must file a motion not otherwise covered by !his order no laler than
September 1, Z003. This deadline does not apply to motiops in limine or to objections filed PUllIwmt to Rule 26(0.)(3), which must be filedno later than the deadlines thaI will be established
by the trial setting order that the ooorl will issue later. II. I1UAL SETtING ORDER The court will set the case for trial by 8eplll'ate order. The order will establish trial-type deadlines.
It will also contain modiflcatJons to the requirements: of the local civil rules regarding such matters as submitting the joinl pretrial order, and filing witness lials, exhibit lists,
and deposition excerpt designanoll!. ,m. TRIAL LIMITS Section vn of the court's Civil Justice Expense and Delay Reduction Plan permits the presiding judgll to "limit the length oflria!,
tho number ofwitnesses each party may present forilS case, the number of exhibits each paxly may hav.: admitted into evidence, and the amoUllI oftime each party may have to examme witnesses."
R.ule 16{c)(lS) permits the court to tak., appropriate action to "establis[h] a reasonable limil On the time allowed for presenting evldmcc[.J" Bcfore ·2· , -_._._._-_..__._----
AUG-1S-0'-10:04AM; PAGE 4/4SENT BY: MARIS!LANIER; 214 7060921; \ Qommencc.menl of the trial of this CIIlIe, the court will impose time limits on the presenlalion of evidenoe. and may
5et other limits permiUed bythcPIao. In conducting discovery and otherprctri.al proccedill&& in this case. counsel should account for the fact that 5Uoh limitationS will be imposed.
IV. RlJI..E 26(a) DISCLOSURES AND DISCOVERY 􀁍􀁁􀁾􀁎􀁏􀁔􀁔􀁏􀁂􀁅􀁾􀁄􀀠Counsel are rem.indedthat. purwan! to Rule 26{a)(4). Rule 26(aXl)-(3) diseloSU/'C5 need not be filed with the cledc.
Except as the court otherwise directs, by onler filed in this CIISe, lhey must not be filed. Counsel are also reminded that, pursuant to Rule S(d). 􀁤􀁩􀀵􀁃􀁉􀁾under Rule 21S(a)(l) -or
(2), and the following diBc.overytellllell18 and responsea--depo$itiODB, inten'Ogatories. teqllllSts for documents or to pcmntentry upon land, and tequesta for admission-must not be
filed IIIltil they are used in the proceeding or the collrt onIm filing. SO ORDERED. August ,2002. 􀁾􀁙􀁁􀀮􀁆􀁉􀁔􀀠A􀁩􀁁􀁾􀀧UNITED STATES 􀁾􀁃􀁔JUDGE • -3
PUBLIC WORKS DEPARTMENT (972) 450·2871 FAX (972) 450·2837 Post Office Box 9010 Addison. Texas 15001·g010 16801 Westgrove 6 June 2002 Ms. Marigny Lanier 1450 Meadow Park Building 10440
N. Central Expressway LB702 Dallas, TX 75231 Dear Ms. Lanier: Attached is a complete copy ofour Milliken File for your infonnation. IfI can be offurther assistance, please call. Very
truly yours, 􀀣􀁾Mike Murphy, P.E. Director of Public Works MM:sef Attachment (1) Milliken File 
Maris & Lanier A Professional Corporation 1450 Meadow Park Bldg .• LB 702 10440 N. Central Expressway Dallas, Texas 75231 214-706-0922 214-706-0921 (FAX) awalker@marislanier.com May
24, 2002 Lynn Chandler Development Services Department Town of Addison P.O. Box 9010 Addison, Texas 75001 Mike Murphy Public Works Department Town of Addison P.o. Box 9010 Addison, Texas
75001 Re: Pat Milliken v. City of Addison TML Claim No. 0200085821 File No. 607-066 Dear Gentlemen: This will confirm that we have rescheduled the meeting regarding the construction
projects located at 14885 and 14901 lake Forest Drive, Addison, Texas from June 10, 2002 at 10:00 a.m. to June 4, 2002 at 8:00 a.m. Ms. Lanier and Mr. McKleroy will meet you at the Addison
Service Center, 16801 West Grove Street on the 4th and you can travel to the construction site together. Thank you for your time and attention to this matter. Should you have any questions,
comments or concerns, please do not hesitate to call. Sincerely, MARIS & LANIER, P.c. a er sistant to Marigny A. Lanier 
I , SENT BY: MAAIS&LANIER; 214 7060921; MAY-26-02 6:44AM; PAGE 2 COpy fI/J PAT MILLIKEN, § § Plaintiff, § § -§§ TOWN OF ADDISON, THE PRESTON OROUP § DALLAS COUNTY, TEXAS DESIGNERS AND
BUILDERS, WILLIAM § LONG, PRESTON HOMES, INC .• JON B. § COLEMAN, § § Detendants. § ___JUDICIAL DISTRlCT PLAINTIFF'S FIru.'T ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING
ORDER AND INJUNCTIVE RET ,JRF Plaintiff Pat Milliken ("Milliken") files her First Original Petition compla:ining of' Defendants Town of Addison, 1'1!0 Preston Group Designers and Builders.
William Long, Preston Homes, Inc" und JOI1 R. Coleman ("Defendants") and states as follows: 1. DISCOVERY CONTROL PLAN 􀁾􀀠1, Pursuant to Texas Rule of Civil Procedure 190, discovery
is intended 10 be conducted under Discovery Control Plan Level 2. IL PARTIES 2. Ms. Milliken is an individual who reltides in Dallas County, TexlL'I. PUINTIFFS FllUIT ORIGINAL PETITION
AND APPLICATION FOR TEMPORARY RESIMININC ORDER AND lNJlJ)IICTIVl RELIEF -P"gc I nf t 1 
􀁾􀁅􀁎􀁔􀀠BY: MAAIS&lANIER; 214 706 0921; 􀁍􀁁􀁖􀀭􀁾􀀸􀂷􀀰􀁾􀀠8:44AM; 3. Detimdant Town of Addison is a municipality in Texas and may be served with process by serving the secretary,
Carmen Moran, at 5350 Belt Line Road, Town of Addison, Dallas County, Texas 7500 I. 4. Defendant The Preston Group Desi&ners aud Builder8 is a Texas corporation Whose principal pJace
of busine." and home office is 2301 Ohio Drive, Plano, Texas 750933927, and may be served with process by serving 􀁩􀁴􀀮􀁾􀀠registered agent for service of process, Warren C. LyoD, at
5600 West Lovers Lane, Suite 228, Dallas, Dallas County, Tcxas 75205. 5. Defendant William Long is an inilividual who is II resident ofTexas and Iruly be served with process at his usunl
plllCe of business, 5652 Gleneaglcs, Plano, Collin County, Texas 75093. 6. Defendant Preston Homes, Inc. is a Tcxas corporation whnstl principal plaee of : business Illld home office
is 4573 Rentley Drive, Plano, Texas 75093-7150, and may be served with process 6y serving its registered agent fOr service of process. Willilll1l S. 13anowsky, at 200 ('rescent Court,
Suite 1030, Dallas. nauru; County, Texas 75201. 7. Detimdanl Jon B. Coleman is an individual who is a resident ofTexas and may be served with process at his usual place ofbllSiness,
3801 W. Spring Creek Parkway, #1712, Plano, Collin County. Texas 75023. m. JURISDIcrroN AND VENUE 8. 'Ibis Court has jurisdiction over Defendants because they have done business in and
have sufficient contacts with Texas and are amenable to service by a Texas court. The Courl has juri$<.Iiction uver the controversy because Ms. Milliken's damages are within the PLAINTIFF'S
FlIIST ORlClNAL PETmON AND APPLICATION lOR TEMPORARY RIlSTRAINING ORDER AND INJUNCTM RlLlEF Paae 2 "r11 
SENT BY: MARIS&LANIERj 214 708 0921; MAY·2e·02 8:45AM; PM!:: 4 jurisdictional limits of the Court. Venue is proper in Dallas County, Texas because all or a subsumtial part of the events
or omissions giving rise to the claims occurred in Dallas County, Texas. Additionally. the parcel of property damaged by Defendants is locmed in the Town of Addison, Dallas County, Texas.
IV. STATEMENT OF FACTS 9. Ms. Milliken's residence is locared at 14905 Lake Forest Drive, Town ofAddison, Dallas County, Texas. Her home is locmed on a IY.. acre wooded parcel consisting
oftwo lots. Besides her residence, her property is improved with, among other things, a pOol. 10. On an adjacent parcel (previously one lot. but now subdivided into two lots) : located
south of Ms. Milliken' 5 residence. Defendants The Preston Gmup Designers and Builders, Pre;rton Homes, Inc. and Messrs. Lung and Coleman (collectively the "Developer Defendants") began
constructing homes. Tn developing the adjacent property, lhe Develuper Defendants' activities included. but arc not limited to, removing natural vegetation. grading, substantially elevating
the pareel by hauling in dirt, installing cement decks and driveways, and modifying the parcel's natural water druinage. 11. The development of the odjllCen1 parcel is reducing the permeability
of the land and increasing the volume and velocity of the surface WIItet runoff. 12. When Developer Defendants bIlS"" brinlPng in fill din, in approximately August of 200I. Plaintiff
began to raise questions about the drainage. the elevation of the lots, and the potential damage to her property. She was informed by the Town thm the Developer Dekndants I'LAINTlI'F'S
FIRST ORIGINAL PETITION AND APPLJCA TlON FOB TEMPORARY RESTRAINING QRDER AND INJUNqlVE RELlEI-P.£" 3 of 11 
UAY-2S-02 9:45AM; PAGE 5SENT BY: MARIs&LANIER; 214 708 0921; could put iUIill much tUl as they wanted, even if they elevated the lot by twenty feet, and that the development ofthese
lots would have no adverse drainage effects On her property. 13. Beginning on or abol.lt December 16, 2001, Ms_ Milliken's home and parcel were flooded as a result of the Developer Defendants'
development activities. Specifically, the Developer Defendants' alteration of the adjacent property's terrain resulted in the collection and diversion of the natural flow of surface
wllter onto Ms. Milliken's property, in addition to increasing the velocity of nmotT onto Plaintiff's property. The floodwaters intruded into her home, damaging or destroying both improvements
and personal property, her ponl, and is causing erosion. 14. As a result ofthese floodwaters, Ms. Milliken sustained irrcpruub1e damages in an amount in excess oftbe minimal jurisdictiollallimits
of the Coun. 1S. Subsequent to !he fll"St f10uding incident. the Town of Addison, in colluboration with the Developer Defendants, encroached upon Ms. Milliken's property to install a
drainage inlet. Although the Town of Addison's Director of Public Works proml.ed to illSlllll the inlet within tlle existing five foot drainage easement on Ms. Milliken's property, the
Town of Addison, in collaboration with the Developer Defendants, installed 11 drainage :$ystem that intrlldcd upon Ms. Milliken's property beyond the easement owned by the Town of Addison.
The Town of Addison, in collaboration with the Developer Defendant!!, also damaged andlor Iemoved valuable tf\le8, shrubbery and 1lI"0und cover and altered the terrain of Ms. Milliken's
parcel while installing the dr-unage inlet. The installation of Ihe inlet has not completely alleviated the unlawful diversion of water onto Ms. Milliken's property fxvm the adjoining
PLAINTIFF'S FIRST ORIGINAL PETlTION AND APPlJCATION FOB TEMPORARY RVSIRAIN!NG ORDER AND INJUNCTIVE REI ,WE -Pace 4 of 1t 􀀴􀀱􀁾􀀱􀀠
MAY-2o-02 8:45AMj MGE aSENT BY: MARIS&LANIERj 214 706 OQ21 j parcel. Indeed, min events continue to result in the flooding ofMs. Millilren's property causin/: irreparable damages. 16.
The alterlllions perform<ld by the Town and Defendant Developers have now permanently altered the drainage patlt!11ls of Plaintiff's land, nnd have created piloting and erosion. 17.
The continued development and construction of homes on the adjacent property will further reduce the ,permeability of the land and increase the vohune and velocity of the surfuce water
runoff. causing additional flooding and erosiont!) Ms_ Milliken's property. v. !<'IRST CAUSE OF A(''TION: NEGLIGENCE 18. The Developer Oefendants owe a duty to Ms. Milliken to develop
I,he adjacent property in a manner that does not barm Ms_ Milliken's property. TIle Developer 􀁄􀁥􀁦􀁥􀁮􀁤􀁡􀁮􀁴􀁾􀀠breached Iheir duty. As a proxiTlll1te cause: of the Developer Defendants'
"(,-Is or omissions. Ms. Milliken su.«tained and continues to sustain danlng,es. 19. Additionally. Defendant Iown of Addison, in collahotation with lhe Developer " Defendants. owed a
duly to Ms. Millikm not to damage her property while installing the drainage inlet within the 􀁥􀁸􀁩􀁾􀀱􀁩􀁮􀁧􀀠e8.'leIllent OIl her property. But Defendant Town of Addison, in coUabotation
with the Developer Defendants, breacbed this duty While utilizing its motorized vehicles to mOdifY the existing dr.. inage system. /\s a proximate cause oflhe DeC"ndlUlts' IlCts or om.iS!>ioDS.
Ms. MUIiken sustained and continues to sustain damages. l'LAlNtTFF'S FIRST ORIGINAL FETITION AND APPLICATION fOB TltMfORARX RESTRAINING Ol!J)ER AND INJUNCTIVERRIJEf -Page S of 11 􀀴􀁬􀁾􀀮􀁊􀀠
MAY·28·02 B:45AM; PAGE: 7SENT BY: MARIS&LANIERi 214 70e 0921; VI. SECOND CAUSE OF ACTION, UNLA WFllT. DIVIRSION OF WATER 20. Collectively. (he Defendants' activities baYe and continue
to divert the natural flow of surface water in such II manner as to overflow onoo Ms. Milliken's propeny causing flooding and erosion. The Defendants' acts andlor omissions constitute
a violation of the common law of the State ofTexas and section 11.086 of the TcxlIS Water Code. Ms. Milllken suffered and continues to suffer damages as a result of the Defendants' unlawful
diversion of water. 21. Additionally, Developer Defendants were consciously indifferent to an extreme risk ofhann to Ms. Milliken arising from the divCl'!lion ofsur race waler and are
therefore liable 00 Plaintifffor·punitive and exemplary dilmBges. VB. THIRD CAUSE OF ACTION: TRESPASS AND DAMAGE TO REAl. PROPERTY 22. The Developer Delimdanfs' 􀁡􀀬􀀬􀀧􀁴􀀮􀁾􀀠andlor
omissions resulted in the flooding of Ms. " Millilum's property and the erosion of soil. Similarly, Defc1;ldant Town of Addison. in collaboration with the Developer Defendants, eatered
upon Ms. MiJliIoon's property and destroyed her valuable trees, shrubbery and groWld cover and altered the telTllin of her parcel. These acts and/or omissiollS occurred without the pefllliS>iiun
of Ms. Milliken. Collectively, the Defendants' acts and/or omissions cllused and continue to cause damages to Ms. Milliken. PLAlN11F.\I'S FIRST ORICINAL PETITION AND AJ'PLICATlOI'I FOR
n;M PORARX RESTRAINING QRDER AND INJUN('TtVE RELIE' -PaKe 6 or It 􀀴􀁾􀀱􀀠
SENT BY: MARIS&LANIER; 214 70s 0921; MAY-2b-u2 8:48AM; PAGE a VJJJ. FOURTH CAUSE OFACTION: CONSTITUTIONAL VIOLATIONS 23. Defendant Town ofAddison authorized the development ofthe adjacent
property by the Developer Defendants without a sufficient Jrainage plan. Prior to the development and construotion of homes on the adjoining parcel, Ms, Milliken's property was not subject
to nooding. However, subsequent Lo the development and construction of the homes. water emerged and continues'" emerge and cover Ms. Milliken's property causing extensive damage to Ms.
Milliken's home, personal property, land, and to the improvements thereon_ 24. Additionally. Defendant Town of Addison, in collaboration with the Developer Defendants, installed a Jrainage
inlet and modi fied the natural drainage charnl:teristics on Ms. Milliken's property outside the !xJundaries ofall existing easement. Prior to such modifioations to Ms. Milliken's properly.
Deflmdant Town of Addison tailed to obtain Ms. Milliken's , permission and/or pay pay for the portion ofber parcel used to install the inlet. 25. Defendml Town ofAddison's acts constitutG
a taking. damaging OT destroying of Ms. Milliken's property tor or application to public use without adequate compensation having been made, in violation ofSet,'tion 11 of Article 1
of the Constitution of the Slale of Texas, as well as the Fifth and J'ourteenth Amendments ofthe United Stales COQStitlltion. 26. AlteTnativcly. the Town ofAddison has illegal1y taken
a portion ofMs. Milliken's property for private use. and Ms. Milliken 􀁨􀁡􀀮􀁾􀀠heen damaged thereby. 21. Defendanl Town of Addison was lItforded notice of Ms. Milliken's claim In compliance
with state law. PLAINTIFF'S FIRST ORIGINAL I'&TI110N AND APPLICATION FOB TEMfQRt\BY RESTMINING ORDER AND INJUNctIVE RELIEF -Page 7 nUl 
214 7M 0921; MAV.28·02 8:46AM; PAGE 9SENT BV: MARIS&LANIER; IX. APPLICATION FOR TEMPORARY RESTRAINING ORDER 28. The diveroion lind overlluw of surface water is causing irreparabJe damage
to Ms. Milliken by the flooding and erosion of her home and land which is wrique in character, which damage will increase with the development and construction 􀁯􀁦􀁨􀁯􀁭􀁥􀁾􀀠on the
adjacent property. As tho development and construction of thc homes occur, the permeability of the land will be reduced and the overflow of!lUclllce water will be increased, which will
result in greater flooding and erosion to Ms. Milliken's home and property. Ms. MiIlikcn has DC adequate remedy at law for the damages suffered, which are ongoing and which will increase
inthe future. 29. Ms. Milliken seeks a temporary restralning order again!>"!: Defendants. a temporary injunction and permanent injuoction restraining and enjoining Defendants frolO:
(a) Diverting the natural tlow of surface water onto the property of Ms. Milliken in any manner including. but not limited to the alteration of the terrain oflhe adjacent property by
development of the property; and (b) Changing or manipulating the grad.:: ufthe property, erecting buildings or continuing to 􀁥􀁲􀁥􀁣􀁲􀁢􀁵􀁩􀁬􀁤􀁩􀁮􀁧􀁾􀀠or other im(lTovements on
the adjacent property. 30. The application for temporary restraining order is supported by the Affidavits of Pat Milliken and Gary M. Peltit, whicb are attached hereto as. Exhibits A
and B and are incorpomted herein for all purposes. PLAINTlFF51'IRST ORIGINAL PETITION Al'ID APPLI(;ATION !(IITEM!'OIAIU' NiSTRAINING 0RDER ....ND INJUNCTJVE RILml?' -Pl,,, 8,,01 
214 706 0921; MAY-28-02 8:46AM; PAGE 10/16SENT 8Y: MARIS&LANIER; WHEREFORE, PREMISES CONSIDERED Ms. Milliken pzays: (1) The Court issue an Ol( parte temporary restraining order restraining
Dcfendarus and all persollS acting in privity or in concert with them from: (a) Diverting the natlITal flow of surface Wilier onln the propcny of Ms. Milliken in any manner includin8.
but not limited 10 the alteration ofthe terrain ofthe adjacent property by developing the property; and (1)) Changing or manipulating the grade of the property, erecting buildings or
continuing 10 erect 􀁢􀁵􀁩􀁬􀁤􀁩􀁮􀁧􀁾􀀠or other improvements on the adjacenl property. (2) After final hearing, render permanent injunction ellioining Defendants and all persons acting
in privity or in concert with them from: (a) Diverting tho natural flow of surface water onto tho property of Ms. Milliken in any manner including, bUI not limited to the Illtomlion
of the terrain of the adjacent property by developing tho property; and (b) Erecting buildings or continuing to erect buildings on tho adjacent property. (3) Issue a mandatory injunction
requiring Delendants to restore the trees, landscaping. !lI1d shrubbery that they removed. (4) Judgment for actual damages in excess ofthe minimaljurisdictionallitnits ofthe Court sustained
by Ms. MiUiken by the acts ofDeftmdants. PLAlNTJII1l"S FIRST ORIGINAL PETITION AND ",PPLICA TION FOR DMP9MRY 'R!$l1MINING ORDER AND INJUNrnyE KlLTEF -Page 9 (If 11 4l5894Y1 
2147060921; UAV·2s·02 8:46AMj PAGE 11/16SENT BV: UARIS&LANIER; (5) Exemplary damages against all Defendants. (6) Costs ofcourt. (7) State Bar No. 11163300 Clayton E. Bailey State Bar
No. 007961)1 Linda M. Dedman State Bar No. 24001098 􀁂􀁁􀁋􀁬􀀧􀁈􀁾􀀠& MOKEN7.IID 2300 Tr.urunell Crow Center 2001 Ross Avenue Dallas. T l!Xas 75201 Telephone: (214) 978·3000 fo'acsimile:
(214) 978-3099 ATTORNEY FOR PLAJNTIFF PAT MILLIKEN CERTIFICAtE OF CONFF.RENCE 􀁾􀀠"The unde.tSigncd certifies that on the 24'h day of May, 2002. I spoke with counsel for the Town of
Addison and they have no position on the Te rary Restraining Order since it is not sought against the Town. and to the bc:st of my leno ge, the Develope Defendants are not represented
by counsel. Such other and further relief to 􀁾􀁾􀁨Ms. Mill· en may bejustJy entitled. 􀁊􀁥􀀵􀁾􀁦􀁵􀁬􀁬􀁙􀀠su mi t,, , I 􀁾􀀠. -. "fhollllls Keen PLAiNTIFF'S FIRST ORIGINAL PETITION
AND APPLICATION FO!t TEMPORARY RESTRAINING ORDER AND INJUNCTIVI REU!!f -Page 10 or I I 4%50'''''. 
thls case is not subject to transfer PAGE 121HlMAY-2B-02 8:47AM;214 706 OQ21;SENT BY: MARIS&LANIER; CERTIFICATE OF NON-TRANSFERABILITY Counsel certifies that. to the best of his knowled
under l.(leal Rule 1.06_ .. --' J'L4.lNTTJI'F'S FIRST ORIGINAL PETITION AND 􀁁􀁐􀁐􀁌􀁉􀁃􀁾􀁮􀁏􀁎􀀠WR TEMPORARY 1U!.'iTl\AJN1NG ORPER AND IN.!UN(,TIVE BUIt;! -Page 11 of II 􀀴􀁾􀀱􀀠
2147060921; MAY·28·02 8:47AM; PAGE 131HlSENT BY: MARISALANIER; CAUSE NO. _____ PAT MILLIKEN. OF § IN TUE DISTRICT COlIRT § Plaintiff, § § va. § § TOWN OF ADDISON, THE PRESTON GROUP §
DALLAS COUNTY, TEXAS DESIGNERS AND BUILDERS, WILLIAM § LONG, PRESTON HOMES, INC.• JON R. § COLEMAN. § § Defendants. § JUDICIAL DISTRICT AFFIDAVII OF PAT MILLIKEN Before me, the undersign=d
authority, personally appeared Pat Milliken, the Plaintiff in the abova captioned CllSC who, after being by me duly sworn deposed and said: 1. "My name is Pat Milliken. 1am over the
age oftwenty-one (21). and am otherwise cOmpat¢I1l to lllIIke this Allh."tvit. This Affidavit is based upon my personal knowledge. and the 1ilo\s contained herein are true and oorrect.
2. "I reside at 14905 I.ake Fore.t Drive in the Town of Addison. Dallas County, Texas. I have lived there with my family for over tweuty (20) years. 3. "In the latter part of 2001, it
became apparent to me that the Developer Defendants were bringing in a larg" amount of fill dirt and depositing it on the two lots adjacent to my home. 1 was extremely concerned about
the run-off and drainage from those 101:1 onto my property, bec«use it appeared that the lots were being raised quite II bit higher Ilw1 their natural elevation. It looked Ib me Iikc
ll1e lots were belng raised anywhere from 4 to 6 feet above the natural elevation along the line where the immediately adjacent lot adjoins mine. While I raised those concerns to the
Town of Addison, I was (uld tlmt nothing could be done. 4. "In December of2001 , when the con.<rtruction oChomes on the two parcels ww; well under way, run-off from the two lots was
diverted onto my property, and my home was l1ooded. The flooding damaged the furniture, carpet. electric equipment, CDs, and a hig saeen television, all ofwhich were on the fUllt floor
ofmy house. In addition, my pool was flooded, and a great dca.l of dirt and other debris clogged the fillntticn system. 42451lvl 
2147060921j MAV·2S·02 S:47AM; PAGE 14116SENT BV: MARIS&LAN!ER; 5. "Since December, my house has flooded a second time, with similar damages. In addition IQ the flooding that intrudes
into the bouse, my yard hIlS been eroded from the run-otl; and attempts by the Town of Addison !IIld the home developers to remedy the situation have altered the grade !IIld slope of
my backyard, and has been inadequate to keep my house from flooding. Run-off continues 10 deposit dirt and other debris from the sidewalks. driveway. baek patio. and sometimes inside
my home. During heavy rains, the nmoffcontinues to threaten my home and my property. 6. "It is obvious to me from the grade cbange in.talled by the developers, and by observing the rain
p<Jnrinlil over the wall erected by the developers into my yard. that this run-off comes directly from the two lots adjacent to my horne. This kind offlooding never occurred before the
activity of the Developer Defendants 115 set forth in the foregoing petition. 7. "I have read the 􀁾􀁉􀁡􀁴􀁥􀁭􀁥􀁮􀁴􀀠of facts recited in the petition, and they are true Illld correct."
FURTHER AFFIANT SAYEIH NOT. J Pat Milliken , 􀁾􀁾􀁯􀁻􀀠SUBSCRIBED AND SWORN TO H1!J'ORE ME on this #(.7 day of May 2002. kLU1f;4. 􀀦􀁾􀁾􀀠ofary Public, in d for the State ofTexas STATE
OF TEXAS § § COUNTY OF DALLAS § 􀁾􀀠1'"1"'-Acknowledged by PatMilliken before me, this l!X1 day ofMay, 2002. (seal below) 424S1\vl 
2147060921; MAY-28-02 8:47AM; PAGE 15116 , SENT BY: MARIs&lANIER; CAUSENO. ____􀁾􀁟􀀠PAT MlLLIKEN, § IN THE DISTRICT COURT OF Plaintiff. § § § 􀁾􀀮􀀠§ § TOWN OF ADDISON, THE PRESTON
GROUP § DALLAS COUNTY, TEXAS DESIGNERS AND BUlLDERS, WILLIAM § LONG, PRESTON HOMES, INC., ION B. § 􀁏􀁏􀁾􀁁􀁎􀀬􀀠§ § Defendants. § JUDICIAL DISTRICT AFFIDAVIT OF GARY M. PEnff Before
me, the undersigned authority, personally appeared Gary M. Pettit. P.E., who, after being by me duly 􀁾􀁷􀁯􀁭􀀬􀀠deposed iI.Ild said: I. "My name is Gary M. Pettit. I am over the age
of twenty-one (21), and 1 am otherwise competent to make this Affidavit. The facts herein are balled upon my personal knowledge, and my opinion as a drainage expert, and they are true
and correct to the best ofmy knowledge and belief. 2. "f am III professional engineer, licensed in the S1Bte ofTexas and ten other states in the United States. I hold a bIlcllelor ofscience
in civil engineering hom Texas Tech University, a master ofscience in civil en&ineering (water resoW'CCS option), hom TeXIIS Tech University, and have completed nUlIlC1'OU$ seminars.
workshops, and short coum:s on hydrology. hydnwlies, sedimentology, and stonn wak:r management. I have been a practicing consulting engineer since 1978, including the past 15 years as
cO"OWIIer and president of Nationwide Warer ResoUICC Services, Inc. in Dallas, Texas. 3. "I personally inspecled the Plaintiff's property located at l490S Lake Forest Drive in the Town
ofAddison on May 6, 2002. I have also viewed the adjacent pan::els about which the Plaintiff complailllJ in the fOJqoinS petition. I have also reviewed documents purporting to be drainage
plans submitted by some of the Defendants 10 the Town of Addison, presumably in conjunction with their development ofthe sites adjacent to Ms. MiIliken'lI property. 4. "While a complete
drainage study of the total drainaae area bas not been made available to me. it is clear from observations of the subject property that the construction or retaining walls, the addition
offill, IIDd the construction of improvemetU on the two lots located immediately to the south of Ms. Milliken's property have significantly altered the natUIal flow ofsUlface waters
from the Developer Defendants' property onto the Plaintiff's property. In my opinion, the diversion of water violates Section 11.086 of the Texas Water Code, becallse the divemon and
alteration of the natlnl drainage clIaracteristies of the Developer Defendants' AFFIDAVIT OF GARY M. PETI'lT, P.E. 414S21v\ ' 
2147060921; MAY·28·02 8:48AM; PAGE 1811BSENT BY: MAAIS&LANIEA; properties have caused. and unless corrected, will oontinue to cause, flooding on Ms. 􀁍􀁩􀁬􀁬􀁩􀁫􀁥􀁄􀀧􀁾􀀠property. In
reviewing the photographs of the flooded portions of Ms. Milliken's home it is clear that Defendants' diversion of water has caused damage. If the Defendants are allov:eo to continue
their construction activities, the damages to Ms. Milliken are likely to continue. S. "Although there bas been a new storm water inlet placed near the western boundary line of Developer
Defendants' property, just to the south of Ms. Milliken' s property, I have 􀁾􀁲􀁩􀁯􀁵􀁳􀀠reservations as to whether this system will control a sufficient rat" and volume of stonn wa.ter
runoff to alleviate the flooding of Ms. Milliken's property, and it is apparent that not all of the water diverted onto Ms. Milliken's property bas come from the aR)3. where the stonn
water inlet is 􀁉􀁾􀁡􀁴􀁥􀁤􀀮􀀠Based on my observdtions, it appears that a ponion of the runoff from the adjacent lot has flowed over the retaining wall, direc1ly onto Ms. Milliken's
property, at II point quite some distance from the storm water inlet, 6. Based upon my current knowledge, observations, and review of 􀁾􀁵􀁭􀁣􀁮􀁴􀁳􀀠that flave been made available to
me, it does not appear that an adequate storm water drainage study bas been performed for the area and appropriate measures taken to eI1S\Il'C the protection of Ms. Milliken's property
and residence from altered drainage associared with the Oefendenls' colllltrucUon activities." FURTHER AFFIANT SAYElH NOT. SUBSCRlDED AND SWORN TO BEFORE ME on this . .,2 I 􀁾4.,. 􀁾􀁌􀁌􀁾􀀮􀁌􀀮􀀮􀀯
l\FPublic, in and for the State ofTcxas ... 􀁾􀀠STATEOPTEXAS § § COUNTY OF DALLAS § Aclr;oowledged by Pat Milliken before me, this _ day ofMay, 2002. (seal below) NOtary Public, in and
for the State ofTexas AFFIDAVIT OF GARY M. PETTIT. P.E. he. loU 42452lvl 
Maris & Lanier A Professional Corporation 1450 Meadow Park Bldg., LB 702 10440 N. Central Expressway Dallas, Texas 75231 214-706-0930 214-706-0921 (FAX) MARIGNY A. LANIER May 22, 2002
Lynn Chandler Development Services Department Town of Addison P.O. Box 9010 Addison, Texas 75001 Mike Murphy Public Works Department Town of Addison P.O. Box 9010 Addison, Texas 75001
Re: Pat Milliken v. City of Addison TML Claim No. 0200085821 File No. 607-066 Dear Gentlemen: This letter is to confirm our meeting scheduled for June 10, 2002 at 10:00 a.m. regarding
the construction projects located at 14885 and 14901 Lake Forest Drive, Addison, Texas. Mr. McKleroy and myself will meet you at the Addison Service Center, 16801 West Grove Street on
the 10,1l and we can travel to the construction site together. Thank you for your time and attention to this matter. Should you have any questions, comments or concerns, please do not
hesitate to call. Sincerely, MARIS & LANIER, P.c. !!!:::a 􀁾􀀠􀁴􀁾􀀠
as a r It of your filing 'a claim ainst t Tt),hn . . we drawi to ins all ny a dit nal n scap' g at is f xee yOlg Pat Milliken 14905 Lake Forest Drive Addison, TX 75001 Re: Notice ofProject
Completion May 1, 2002 Dear Ms. Milliken, The Town of Addison has completed the construction of the new drainage system in the very back portion of your property. The construction induded
the construction of two drainage inlets (one within the adjacent property owners backyard and the other at the far NW comer of your lot) and a 15 inch underground storm drain line located
within the existing 5 foot drainage easement running along the entire length of the back fence line (approx 200 feet). The Town has also completed the re-sodding and grading of all areas
disturbed during construction of the drainage system so that no storm water from any adjacent upstream property flows above ground across your lot. M-is °llr C:QRteAtieFt thet tRe impmvemeAt&
lRe'"Fewn efAEiEiiseA f:las ffieEie to you plOpelt, leaves Hte area in much better cahOmon man was onglnally eneou,,!el ed 8nd f:las GieaFeEllRe vegetation and aeons from me five foot
drainage 9asellle"t to allow pJOper flOw. The Town has also set up a temporary 􀁩􀁾􀁯􀁮system to 􀁰􀁾􀁶􀁩􀁤􀁥􀁾􀁾􀁾􀁲to􀁾􀁥new !lrass "'Atil :tt-"l-f. 􀁴􀁩􀁭􀁾established. 􀀧􀀱􀁦􀁽􀁾􀁳􀀰􀁦􀁾􀀧􀁾􀀻􀁾�
�􀁩􀁶􀁾􀁾􀁾􀁗􀁉􀁾􀀮􀀱􀁾􀀠Als 􀁤􀁡􀁭􀁡􀁾􀁾VtH••􀁾􀁴􀁡􀀡􀁉􀁾􀀠----.-reSPectfUllY, 'i' Michael E. Murphy, PE Director of Public Works I Town of Addison \, 􀁾􀀬􀀠􀀧􀁾􀀭􀀭􀀭􀀭􀀭􀀭i 
HILL. JOHN From: mmurphy@ci.addison.lx.us Sent: Wednesday, May 01, 2002 9:01 AM To: jhill@cowlesthompson.com Cc: cterry@ci.addison.lx.us Subject: Notice of Completion Letter to Pat Milliken
Milliken LeUer May 1, 2002..do ... John Hill and Ken Dipple, Guys the attached is a "DRAFT" of a Construction Completion Notice to Ms Milliken. Since a claim has been filed against us
I would like for you to review the letter and let me know if you want me to wait before sending the Notice or maybe tone it down some or what ever. Please review and make any comments,
changes, additions etc. that you feel are necessary. «Milliken Letter May 1, 2002.doc» Thanks ..... Mike Michael E. Murphy, P.E. Director of Public Works Town of Addison (972)450-2878

Pat Milliken 14905 Lake Forest Drive Addison, TX 75001 Re: Notice ofProject Completion May 1, 2002 Dear Ms, Milliken, The Town of Addison has completed the construction of the new drainage
system in the very back portion of your property. The construction included the construction of two drainage inlets (one within the adjacent property owners backyard and the other at
the far NW comer of your lot) and a 15 inch underground storm drain line located within the existing 5 foot drainage easement running along the entire length of the back fence line (approx
200 feet). The Town has also completed the re-sodding and grading of all areas disturbed during construction of the drainage system so that no storm water from any adjacent upstream
property flows above ground across your lot. It is our contention that the improvements the Town of Addison has made to you property leaves the area in much better condition than was
originally encountered and has cleared the vegetation and debris from the five foot drainage easement to allow proper flow. The Town has also set up a temporary irrigation system to
provide water to the new grass until such time it is established. , Also, as a result your filing a 􀁾􀁧􀁡􀁩􀁮􀁳􀁴􀁊􀁐􀁥􀂷􀀧􀁦􀀢􀀨􀁩􀁷􀁮􀀠for 􀁤􀁡􀁭􀁡􀁧􀁥􀁳􀀩􀀡􀁖􀁾􀀠feel are totallV
unjustified w re withdrawi our offer to jA§tall any additional 􀁾􀁦􀀱􀀧􀀨􀁪􀁳􀁣􀁡􀁰􀁩􀁮􀁧􀀠at 􀁴􀁬􀁾􀁩􀁓􀀢􀁦􀁬􀁭􀁥􀀮􀀠Therefor. feel that th own of Ad9is'on has more 􀁴􀁨􀁡􀁾􀀮􀀹􀁃􀁥􀁥􀁤􀁥􀁤􀀠any
obligation than be expected, resolve 􀁡􀁮􀁾􀀬􀁤􀁲􀁡􀁩􀁮􀁡􀁧􀁥􀀠issues 􀁲􀁥􀁳􀁵􀁾􀁩􀁮􀁧􀀠from upstream runoff and orly maintained' inage easement. I have also directed my engineering
staff to perform a drainage audit of your lot, including your house, so to better inform you of potential problems you may continue to have with storm water runoff from your own lot
and from your house roof drains. All of these conditions existed long before the adjacent property was developed and are as a result of your house, patio and pool being situated in the
lowest point of your lot and up against a permanent fence structure. I will provide you with the results of the drainage audit once it is completed. Respectfully. Michael E. Murphy,
PE Director of Public Works I Town of Addison 
HP LaserJet 3200se TOALASERJET 3200 invent 9724502837 FEB-1-2002 12:03PM Fax Call Report Job Date Time Type Identification Duration Pages Result 128 21 1/2002 12:02:37PM Send 92146722020
1:16 3 OK TOWN OF ADDISON PUBLIC WORKS 􀁾 Mic);\ael E. Murphy,P.E. Director (If Public Works 􀁔􀁏􀀧􀁾􀀠, 􀁾􀁮􀁹􀀺􀀻______ Phone: 9711450-2878􀁆􀁁􀁘􀁾􀀬􀀠ZI"I't72 G&z.z, Fill:: 97l1456.2837
D."; .t􀁾/-c;J Z-. 
􀁾􀁾􀀠 Pat Milliken 1490& Lake Forest [{rive Addison, TX 75001 Re-: 􀁎􀁯􀁴􀁬􀁾􀀠ofProject Completion May 1. 2002 Dear Ms. Milliken, The Town of Addison has completed the construction
of thenew drainage system in the very back portion of your property. The construction included the construction of tWo drainage inlets (one within the adjacent property owners backyard
and-􀁴􀁨􀁥􀁯􀁴􀁨􀁥􀁾􀀠􀁾the far NW comer of your lot) and a 15 inch underground storm drain line located within the existing & foot drainage easement rurming along. the entire length
of the back fenCE! line (approx 200 feet). The Town has also completed the re-sodding and grading of all areas disturbed-duringconstructioll of the drainage system so that no storm water
froR) any adjacent upstream property flows above ground across your lot. It is our contention that theimprovements the 􀁔􀁯􀁾􀁯􀁦􀁁􀁤􀁤􀁩􀁳􀁯􀁮􀀠has madetO-youproperty leaves the area
in much better conditioll than was origillaUy encoulltered and has cleared the vegetation and debrisfrom the five foot drainage easement to allow proper flow. The Town has also set up
a temporary irrigation system to provide water to the new grass until such time it ise-stablished. Also, as a result of your filing-a claim against theTown 􀁦􀁾damages-we􀁦􀁥􀁾aret,/tally
unjustified we are withdrawing our offer to install any additionallandscapillg at this time. Therefore, we feel that the Town of Addisoll has morethan exceededany 􀁯􀁢􀁾􀁴􀁩􀁏􀁉􀁬􀀠than
can be expected to resolve any drainage issues resulting from upstream runoff and a poorly maintailloo drainage easement. I have also directed my engineering staff to perform a drainage
audit of your lot, including your house, sa ta better informyou of pntential problems you may contirtl.ie to have with storm water runoff from your own lot and from your house roof drains.
All of these conditions existoo iong. befnrethe adjaceJ:lt property. was developed-and are as a result of your house, patio and pool being situated ill the lowest point of your lot alld
up againsta petmarlentfencestructurs_ twill provide. yauwith the results.of the.drainage audit once it is completed. RespecJ;fully, Michael E. Murphy, PE Director of PublicWorksI Tawn
of Ad-dison 
PUBucwo_a _MORANDUM Fax Cover sheet To: 􀁊􀁯􀁨􀁾􀀠Hill -CowLes 􀁡􀁾􀁤􀀠􀁔􀁨􀁯􀀯􀀱􀁬􀁦􀀮􀁰􀁳􀁯􀁾􀀠Fa)( (214) 67'2-2370 Fyo/1lf.: Mike Murphy, piy. ofPubUo 􀁷􀁯􀁹􀁬􀁥􀁳􀀯􀁁􀁤􀁤􀁩􀁳􀁯􀁾􀀠Fa)(
jj7'2) 450-2f?37' off jj7'2) 450-2f?7'f? su!?/: 􀁐􀁥􀁹􀁳􀁻􀀩􀁾􀁌􀀠tog 􀁹􀁥􀁧􀁡􀁹􀁤􀁩􀁾􀁧􀀠􀁍􀁴􀁬􀁕􀁫􀁥􀁾􀀠tssue Joh"" AttflohedflrI1l1A.y 􀁾􀁴􀁥􀁳􀀠regflrding the MilliklM 􀁤􀁲􀁦􀁬􀁩􀁾􀁧􀁥oflse
... pleflse oflllifyou hflve fI"'Y questWJ1.5;? 
MIKE MURPHY'S LOG ON MS. PAT MILLIKEN 2I4/02,4:30PM Spoke wffom Keen -Ms. Milliken's Attorney. Told him what we were proposing to do. He said he hopes it works, asked some questions
about drainage and then gave approval to do grading work and to install 15" line. 2/4/02 After getting approval from Attorney, I spoke with Ms. Milliken, gave her a set of plans showing
the 15" installation (Chris was with me). Told her Tom Keen said we couId move forward with construction. 215/02 Received voice message from Pat (Milliken) regarding pool control equipment.
I returned her call. Left message for her to call pool company, that we did not have any knowledge of her control equipment. 215/02 Sent Dave out to photo property while raining and
snowing and to check on temperature damage work done by Bowman the day before. 2119/02 Ms. Milliken called first thing in AM. Requested a letter about trees and landscaping. Wants letter
today. I told her I would get letter to her on 2/20/02. She was OK with that. 2120102 I get call from PD. Said the resident at 14905 Lake Forest wanted to job shut down. I talk with
Pat Milliken. Told her I had the letter finished and would bring it out to her house. I went out with Steve Chutchian and met with Police and Ms. Milliken. I told her I didn't know I
had until noon or she would ..... she said, "Go on a tear!" and I agreed. We delivered the letter for her (refer to file). She read the letter and allowed the Contractor to keep working.
She just feels that no one is concerned about her. I assured her we are working diligently to complete this project. Police were sent home. Contractor is working and Ms. Milliken has
a letter about trees and landscaping. Talked with daughter before I went home. Asked her about any problems with the phone, computer, etc., because the Contactor has broken a cable in
back. She said Contractor had explained what had happened and she was ok with work and that nothing was off (TV, phone, computer, etc.) 2121102 Spoke with Doug at Hollywood Pools. Said
he would fax me a copy ofestimate to clean pool. 
2/21102,9:30AM Spoke with Bill Long this morning and he gave authorization to place inlet structure on south side of fence. Also said he would extend rock wall to inlet structure. He
said "In the spirit of cooperation" he would allow Town to move forward. 2125/02 Pat (Milliken) called me at home this AM, approximately 7:15. She was concerned that the contractor was
moving out without moving "pile of dirt." I assured her this was not the case. Pat (Milliken) called City Manager's office and Mayor's office complaining that contractor was moving out
without moving "pile of dirt." I went to her house with Steve and again explained that Contractor was not leaving. She was ok. 2/26/02 Contractor moved berm, at Pat's request. Drainage
work not finished and by moving berm, leaves her property exposed. We had Contractor put another temporary berm in place. 3118102 Ron Lee is meeting wlPat today to discuss location of
trees and grass. (We have tried for two weeks to meet with her.) Also, I am mailing a drainage easement to Bill Long for inlet in NW comer of his lot. Drainage work is complete. In last
two days, we have experienced heavy rain (2-4 inches). All is working as designed. I, personally, went to site yesterday ... everything is in good shape. I spoke with Dave W. today.
He is at site taking photos---raining very hard---drainage is working well -nothing coming onto property from upstream, only water is from owner's property. 4/8/02 Rained heavy all weekend.
Will go to Oaks North Area later this morning to see how drainage system faired -rained approximately 3-5 inches on Saturday and Sunday. 4/15/02 Received email from Ron Lee today regarding
status of Project. He says she is holding up completion of the landscaping portion of the project and that she is well aware that she is the problem. 
-----HP LaserJet 3200se TOAlASERJET 3200 invent 9724592837 MAY-9-2002 9:03AM Fax Call Report Job Date Time Type Identification Duration Pages Result 738 51 9/2002 9:01:45AM Send 92146722370
1.32 3 OK #Jiro Blx CtJ!&cShut Tl!i JIlh11-Hul. -􀁾nYl-d 'f1t()W./'SM FAX (:;a-f.) 67.2-.:aJ)"tI Fr",",: /vt[J;u Murphy. f.>lr. afPl<.btic WtJrl?J;/Add/.st;"" FM {<J?;;) -1.5D-:2i!37
off (J7:2) 􀁾􀁓􀁏􀀭􀀬􀀬􀁾􀀠􀁦􀁩􀀢􀀧􀁾􀀠AttRlJJroiiU'C1ttI:J 􀁾􀁲􀁴􀁧􀁩􀁦􀁾􀁴􀁊􀁲􀁥􀁬􀁯􀁦􀁬􀁬􀁬􀁊􀁊􀁵􀀢􀀬􀀨􀀯􀁾􀁩􀁉􀁉􀁊􀁉􀀡􀁊􀀢􀁵􀀢􀀺􀁥􀀢􀀬􀀬􀁟􀁭􀁬􀁬􀁵􀀠IJIIUlflf'!«h#WItAljqu(!St/ittM..u 
01/18/2J02 16:10 FAX 214 954 9541 BELLINGER & DEWOLF Ii!JOOl1005 BELLINGER & DEWOLF ATIORNEYS AND COl.INSELOAS 750 N. 􀁓􀁾􀀮􀀠PAUL STREET, SUITE 900 CALLAS, TEXAS 75201 FACSiMILE: (214)
954-9540 (214) 954-9541 January 18,2002 VIA U.S. MAIL AND FACSIMILE No. 972-450-2887 Mr. Lynn Chandler Building Official Building Inspection Department Town ofAddison 16801 Westgrove
Drive Addison, Texas 75001-9010 Re: Stop Work Notice (the "Notice") dated January 9, 2002 concerning cons1mction projects located at 14885 and 14901 Lake Forest Drive, Addison, Texas
􀁾􀀠Dear Mr. Chandler: This firm has been retained as legal counsel by The Preston Group Designers& Builders, Inc. ,Preston Homes,lne., and Bill Long Custom Horoes, Inc., the owners
and builders ofthe referenced projects, to represent them in connection with the referenced 􀁎􀁾􀁾􀁾they assert was wrongfully issued and should be revoked immediately. The pertinen
fac q circumstances oftms matter are as follows: 􀁴􀁵􀁦􀀧􀀵􀁬􀀮􀁉􀁃􀁦􀁬􀀧􀀮􀀬􀀴􀁾􀁬􀁆􀀠􀁃􀁐􀁉􀁾􀀠IoN.. 1. The residential lots known as 14885 LakeforestDnve{''No. 14885") and 14901 Lakeforest
Drive ("No. 14901") are contiguous lots. The northern border ofNo. 1490I is contiguous with the southern boundary ofthe residential lot known as 14905 Lake Forest Drive, and it is owned
by Ms. Pat Milliken ("Milliken"). Our clients acquired Nos. 14885 and 14901 in [insert date]. As has been admitted by ,Milliken, to our clients and as the Town representatives are aware,
her lot was subject to flooding problems on other occasions prior fo our client's acquisition of Nos. 14885 and 14901. Such flooding had occurred by reason of the fact that her lot is
burdened with a substantially lower elevation than most of the surrounding lots in the subdivision. Moreover, the drainage problems on Milliken's lot were cxaceIbated as a result ofher
previous decision to subdivide her lot and to allow the purchaser to place a fence along the northern bOllndary ofher lot. According to Milliken, one such flood occurred in 1991, and
it was so severe that she subsequently installed a drainage system comprised ofunderground culverts and numerous catch basins on her side ofsuch fence in an effort to prevent further
flooding. 
01/18/2002 16;11 FAX 214 954 9541 BELLINGER & DEWOLF 􀁾􀁏􀁏􀀲􀁬􀀰􀀰􀀵􀀠BELLINGER &DEWOLF A 􀁒􀁃􀁇􀁉􀁓􀁔􀁾(,.l1J.l1'GO UABU1"Y PAATWERSHIP ATTORNEYS AND COUNSELORS Prior to commencement
ofconstruction on Lots 14885 and 14901, one-half of runoff from such lots followed a natural course ofdrainage toward the rearo( Milliken's lot to the drainage easement located there
in favor of the Town of Addison. Based upon the improvements made by our clients to Nos. 14885 and 14901 pursuant to the drainage plans required and approved by the Town as a condition
to issuance ofbuiIding permits for such lots, now only one-third ofthe runoff flows onto Milliken's lot and the balance flows into the bar ditch that is located on the easterly boundaries
ofthe two lots along Lake Forest Drive. Thus, less water is now flowing from Nos. 14901 and 14885 onto Milliken's lot as a result ofmy client's improvements to their two lots. These
facts are evidenced in~ the drainage surveys prepared and submitted to Mike Murphy on Janumy 16, 2002, the drainage plan dated September 27, 2001, and the drainage survey dated October
10,2001. Prior to commencing development on Nos. 14885 and 14901, our clients rr1submitted proposed drainage plans dated September 27,2001 and October 19, 0' 2001, respectively, to the
Town. In your letter ofNovember 8, 2001, you /􀁉􀀩􀁾􀁜􀁬􀀬􀀮􀀮􀀡􀀬informed our clients that Mr. Mike Murphy, Pub lie Works Director, had approved ;t􀁾􀀠i .; their proposed &ainagc plan
subjects to our clients agreeing, among other things, 00j' 􀁾􀀠to grade the southwest comer ofMilliken's lot so that the drainage would flow >to 􀁾􀁾􀀠the swale on Milliken's westerly
property line. In our client's letter to you dated 􀁾􀀠November 16, 2002, they agreed to make these improvements and to remOVe some section?of Milliken's fence. Although our clients
did not perform such w§"k within the two week period set forth in their letter, they did cventuallY 􀁰􀁾􀁯􀁲􀁭not only all ofthis work. but also, in an cffort to be a good neishbor W
Millikel}. substa.'substa.'ltial additional work (i.e., additional grading to the entire length ofthe sWale located on Milliken's westerly property line, removal of all sections ofMilliken's
fence, removal ofnumerous trees on Milliken's lot). Such additional work was performed at Milliken's request and was a far more extensive and expensive than the comparatively modest
requirements ofyoar November 8, 2002 letter. 4. Unfortunately, 1,'1e tOTTential rains that occurred during the December 14-15, 2001period apparently resulted in flooding on Milliken's
lot. Afterward, Milliken requested and received the assistance ofthe Town's fire department, which apparently expended considerable time arid effort in cleaning out the catch basins
located along the fence on hcr northern boundary. All ofthese catch basins were overgrown with vegetation and severely obstructed. Given these facts, it appears that her property was
flooding as result ofthe drainage obstruction caused by the aforementioned fence and because her poorly maintained drainage system was unable to handle the torrential rains. In short,
this situation was a return to the ) 
01/1812002 16:11 FAX 214 954 9541 BELLINGER & DEWOLF IilI 003/005 BELLINGER & DEWOLF A RSQI,$TERED LMTED UAilIl.JTY PAiU'NP.RSHU" ATTORNEYS AND COUNSelORS recurring flooding problems
that she had been historically experiencing long before our.clients ever acquired and improved Nos. 14885 and 14901. 5. On or about January 9, 2002, after our clients had completed the
work described above, you proceeded to issue the Notice. The purported justification set forth in the Notice for taking suell arbitrary action was that our clients were late in performing
the work required by the Town and that they had previously agreed to perform. However, since the work had been performed prior to the time that the Notice was sent, our clients were
in full compliance with the Town's requirements and their agreement at thc time the Town decided to pursue this course ofaction. As soon as thcy became aware (through their subcontractors
that the Notice had becn issued-no attempt was made to notify our clients directly prior to issuance of the Notice), they contacted you concerning this totally unexpected and harmful
development. They were told that even though they had complied with all ofthe Town's requirements at the time, the Notice had been given at the direction ofMr. Chris Terry, Assistant
City Manager, apparently in response to pressure brougbt to bear by Milliken in a meeting on or about January 9, 2002 with Mr. Terry. In 􀁾􀁬􀁾􀀠the same conversation. you informed them
that, at the bellest ofMr. Terry, you J. J. 􀀨􀁊􀀮􀀮􀁾􀀠r 􀁾􀀠were 􀁩􀁭􀁰􀁾􀁩􀁮􀁧􀀠additional requirements. i.e., that our clients obtain and provide to 0-V' r'1 􀁾􀁯􀁗􀁬􀀱􀁾􀁧􀁣􀁳􀁵􀁲􀁶􀁾not
only with respect to Nos. 14885 and 14901, but ,.pJ \ also Milliken's 1m. t\Jl'Y I'S /Jor L ti)'{'Q \ '(7 ( • iW1t· pla-. bl tI NoTi . \r-e 6. Although our clients felt that this demand
w unreasonable, they complied in -&A'-') good fRill? and, as you are aware, suc e as delivered to Mike Murphy yesterday. However, the Town seems I t on moving forward with more uureasonable
uureasonable demands, since, in a telephone conversation with Mr. Murphy lPfiVl?t:. yesterday afternoon, Mr. Murphy informed our clients that the Town has now /,v 􀁾􀀠10 decided to require
that they be responsible for constructing drainage r "'I»􀁾􀁲􀀠improvements north ofMilliken's propcrty in the portion ofthe 1500 Block of 􀁾􀀠Oaks North that is controlled by the Town,
at an approximate cost of$13,OOO.OO. Such improvements are not only located off-site (Le., more than 200 feet beyond our client's lots), but would be time-consuming to complete. This
demand is not supportable by t"ie facts, nor is it enforceable under the law. Ifsuch additional improvements are necessary, then they should be undertaken by the Town at its expense
since this new improvemenl benefits all eigbt (8) Lots located along the West side of the Lake Front Drive. Clearly, the Town, possibly in I i ith Milliken. is attempting to exercise
its powers to force our clients to pe orm and pay for improvements to remediate drainage problems on Milliken's property that were caused by her own actions and that have existed long
before my client's development ofthcir loIs. 
01/18/2002 16:11 FAX 214 954 9541 BELLINGER & DEWOLF IiiJ 004/005 BEWNGER & DEWOLF 􀁁􀀮􀁾􀁉􀁊􀀧􀁉􀁲􀀬􀁉􀁉􀁔􀁅􀁄􀁾􀀱􀁬􀀮􀁴􀁴􀁲􀀠􀁰􀁾􀀠ATTORNEYS AND COUNSELORS 7_ So far, our clients have
been unable to obtain 􀁾􀁹definite information from you or the Town as to when the Notice will be revoked so that they can resume their development oftheir construction activities. Meanwhile.
work has been stopped in excess ofone week, and they are incurring substantial daily losses from delays, as well as additional losses becanse their suppliers, who are precluded from
making deliveries as a result ofthe Notice) are returning supplies to vendors as far away as Mexico_ Moreover. they stand to default on their subcontracts and the improvements are at
risk due to weather and the inability to secure the improvements since the Notice precludes our clients fonn installing windows and doors as necessary to protect against the elements
and to prevent unauthorized persons from entering_ We believe that the Tows conduct in this matter is arbitrary and capricious, constitutes an abuse orits powers, and is insupportable
by the facts and governing law_ Moreover, this course of action is particularly galling in view of the fact that the same employees ofthe Town that are taking such harsh positions against
our clients in this matter are the same employees that have consistently refused to heed our clients' requests to address similar concerns they have with 􀁾􀀠respect to the improved
lots located immediately to the south ofNo. 14885. There are 􀁏􀁢􀁶􀁩􀁏􀁕􀁓􀁾􀂷􀀠dangers posed by the poor. drainage 􀁦􀁡􀁣􀁩􀁬􀁩􀁾􀁾􀀠on neighboring lots No 􀀱􀀴􀀸􀁾􀀱􀀠and 14805, ?ccause
,\.0 the runofrfrom those lots IS currently drammg all aclOss the boundm:y Wlth No. 14885 mstead 0 AI.A. being channeled to the rear drainage casement. In fact, the problem is so severe,
that the 􀁾􀁾􀁦􀀺􀁊􀀧V· til' retaining wall on the No. 14805 (which is currently UJloccupied and nfor salen) is in very poor \.. .)Jfo/condition. and has been structurally compromised
as a result ofthe water that is constantly '(\t-\S present on both sides ofsuch wall, even in the absence ofmin. Accordingly, on behalf ofour clients, pJease be informed that jfthe Notice
is not revoked by 5:00 p.m. C. S. T. on January 21, 2002, then our clients will proceed immediately thereafter to seek legal and equitable relief in the courts ofDallas County, Texas.
In the meantime, ifyou should have any questions concerning the foregoing, please have your legal counsel contact me. . Sincerely, 􀀢􀁾􀀿􀀱􀀧􀀢􀀠
01/18/2002 16:12 FAX 214 954 9541 BELLINGER & DEWOLF !ill 005/005 BELLINGER &DEWOLF ,. REGlST'EREO t,W:ftED UASn.trY 􀁰􀁾􀀠ATTORNEYS AND COUNSEl.Of!S cc: Mr. Bill Long Mr. Jon Coleman
Mr. Chris Terry Mr. Mike Murphy Mr. John HilI E:IPENDING FOR PROLAW#\Bill LOllg CUstom HomeslRGB Bill Long Constructioo v 2.wpd 
DRAFT May -,2002 Ms. Pat Milliken 14905 Lake Forest Drive Addison, TX 75001 Re: Notice ofProject Completion (Lot lA flIId Lot IB, Replai ofLot 1, MiHiken Addition, Out ofthe Allen Bledsoe
Survey No. 157, City ofAddison, Dallas County, Texas, recorded in Volume 91077, Page 4081, DaHas County Real Property Records (the "Property',» Dear Ms. Milliken, J-() 􀁗􀁾􀀠􀁜􀁎􀀧􀁾4V
􀀭􀀤􀁾􀁾􀁾􀁳􀀿􀀠The Town ofAddison has recently completed t 􀁾􀁴􀁩􀁯􀁮ofthe new drainage system in the very back portion ofyour Property 􀁗􀀱􀀻􀀻􀀻􀀺􀂷􀁴􀁨􀁩􀁮􀀺􀀮􀀺􀀺􀂷􀁾􀁡􀁮􀁲􀀺􀀧􀁤􀁾􀁾􀂷􀀬􀀬􀀺􀁡􀁣
􀀷􀁥􀁣􀀺􀁴􀀻􀀬􀀻􀁴􀁯􀀠the existing five (5) foot drainage easement located along the rear (western edge) e Property. This work included the following: 1. Construction oftwo drainage
inlets (one within the adjacent property owner's backyard and the other at the far northwest comer ofthe Property); 2, Construction ofa 15 inch underground storm drain line located within
the existing five (5) foot drainage easement; 3. Clearing ofvegetation and debris from the five foot drainage easement to allow proper surface water flow; 􀁾\;t=.e. .-fzm aeflvu11V2..
􀁾􀁾S 4. g and gr . ofall areas disturbed during construction ofthe drainage system so th no st rm water from y1adjacent upstream property flows above ground across your Prope . 1" ((
cAi. \􀁾􀀨􀀠5. Setting up ofa temporary irrigation system to provide􀁾􀁾grass until such time it is established; 􀁾( -tW re/etfev'A􀁾􀁾) 6. Replacement and replanting oftrees; and 􀁾LX-_.
􀁾􀀠7. Cleaning ofyour swimming pool and the pool area. 1'i)iL 􀁾􀀮􀁥􀀮􀀭􀁶e:l'" 􀁾􀀠􀁃􀀭􀁴􀀧􀁬􀀭􀁻􀀭􀁲􀁾􀀠00' 1􀁾􀀮􀁩􀁬􀁬􀁊􀁲􀀠This work has improved the storm water drainage conditions
on your Property, with the resuliV'\--v that, as to surface water drainage, the Property is in a much better condition than existed prior to the performance ofthe work. As you know,
as we proceeded with these improvements, we regularly communicated with you, kept you informed and aware of our work, and received your consent to access your Property to 
}-cfl,7 /""'t: perfonn the work. Most recently, we have 􀁢􀀬􀁾􀁾􀁾􀁧􀁾􀁾􀁾with you 􀁲􀁥􀁧􀁡􀁲􀁾􀁾􀁥􀁲􀁾􀁾􀀬􀁾􀁮􀁴􀀮􀀮􀀮􀀿􀁦􀀠trees and hope to have that completed 􀁳􀁯􀁯􀁮􀀮􀁾.......􀁶􀀢􀀢􀀢􀀧􀁜􀁾􀀠i
Jl!1--UJcq 􀁾􀁣􀀮􀀮􀁏􀁙􀁴􀁌􀁬􀀧􀁨􀁾􀁃􀀻􀀻􀀮􀀠I have also directed my engineering staff to perfonn a drainage audit ofyour Property, including your house, so to better infonn you ofpotential
problems you may continue to have with stonn water runoff from your Property and from your house roofdrains. All ofthese conditions ( existed long before the adjacent property was developed
and are as a result ofyour house, patio and pool being situated in the lowest point ofyour Property and up against a pennanent fence structure. I will provide you with the results ofthe
drainage audit once it is completed. Please let me know ifyou have any questions or ifwe may be ofany further assistance. Respectfully, 
4-25-2002 11 ,37PM FROM P. 1 ' ... '#' ". ;.,' . ',' ",' : " ..􀀻􀁾􀀠_. ,. ,;' .' BAKER & MQirENZIE i_ A", ATTORNE:YS AT LAW _wr P",CIIIC AtlafClIOM04 M"OlttO "\"''''''1' 2300 TRAMMEI.I.
CROW CENTER • OOQTA MauSTO.. !IIAIfCIICO ....om,,"'" "'11....,. .-. .R....""l" .Ju".tl 􀀮􀁁􀀢􀁉􀁦􀀢􀁾􀀡􀀧􀀧􀀧􀁑V."tCQ;ONA koaeow .AHCAOIt 200' ROSS AVENUE MNO,e. "1liiIe NClt:U:O e,"'''
.......,.v.Q,Q ,MAUIi M\mlelt .",1ING lAO PAIlLOCM,:O"''''''''-_. 􀁊􀁏􀁁􀁾􀁕􀀮􀀠M"UOI OAI.L'AS. TEXAS 7seo', """''''.(;-'4'\''''1;''. "'tlHY'flllt'l'· fl.stJAHA 􀁂􀁜􀁊􀁏􀁾􀁲􀁡􀁬􀀧􀀠ItqAOI.Il:
1010 C" Mlollo Cft'¥ 􀀧􀁃􀁾􀁲􀀧􀁃􀁁􀁦􀀬􀁬􀁉􀁑􀀠NtW 􀀧􀁬􀀧􀁏􀁾􀀱􀀼􀀠fO/tONl'O CAl,." 􀁾􀁔􀁁􀀻􀀱􀁩􀀠kONG O(OOOC TELEPHONE: !214197S.3000 1OI"f.V.Go 􀀢􀁁􀁾􀀶􀀠........ '0 i.OA\.r;"c;''''
,OIinC"QOAF ROMI: 􀀢􀁾􀀢􀀧􀁾􀀱􀀰􀁜􀀱􀀠<t\,jADAl.A.JAAA. 011:<0 t>C J",.."qO 􀁜􀁕􀁁􀁾􀁎􀀨􀁪􀀮􀁔􀁏􀁎􀀮􀀠0.<:."q"l\I<n;,n .". KTLliaaUlilO >11"''''10''' FACSIMILE 12'4) 9?S·3099 OD«VA 􀀮􀁵􀁯􀁥􀀺􀁾􀁏􀀢􀀧
􀀢􀀠"',"'*O\Htff(WAitS""" 8Ik&","011£"'w\.00«)01'1 Ul'!'IlCti ltYOloiC:Y 􀁔􀁔􀁁􀁾􀁃􀀾􀀠YOi(TQ 􀁩􀁲􀁾􀀭􀀭􀀭􀁲􀁥􀀧􀁾􀀭IT 􀁗􀁊􀁩􀁲􀀭􀁾􀀧􀂷It i ·,il1'htnn., ItKltn ("4) 􀁾􀀢􀀧􀁏􀁬􀀮􀀠􀁤􀁴􀁾􀀧􀀯􀀧􀁉􀁬􀀮􀁕
􀀮􀁨􀀮􀁫􀁵􀁮􀁐􀀬􀀩􀁢􀀯􀁊􀁫􀁾􀁣􀁌􀁷􀁭􀀠U ' APR 26 2002 iU L-. 'I CITY MANAGeR'S OFFICE April 2.4, ;1002 CertifiedMail. Return Receiot Reqllestea The Town ofAddison Attn: Cannen Moran
City Secretary P.O. Box 9010 Addison, Texas 75001·9010 Re: Pat Milliken; 14905 Lake Forest Drive; Flooding and Erosion Dear Ms. Moran: This letter places the Town of Addison on WrItten
notice of a ciaim on behalf of Pat Milliken, in compliance with Section 101.101, ei seq. Tex. Civ, Pmc. &; Rem. Code. While this written notice is hardly necessary, given the Town's
a.()tuai knowledge of the incidents leading up to the rust loss, and subsequent activities undertaken' by the ToWn, it is but of an abundance of caution that it is sent. . As the Town
is aware, Pat Milliken is the Owner of 14905 Lake Forest Drive. Ms. Milliken, a single parent, currently uses the property and improvements as her residence. The property immediately
to the South and adjacent to the Milliken property was recently subdivided, and that subdivision was approved by the Town. In so doing, the Town Imposed a new drainage easement on the
Milliken property, for the benefit of a private developer, without payment of compensation, in violation of the State and Federal Constitutions,. In addition, the Town has changed the
drainage characteristics of the Milliken' property through the use of motor driven equipment, including bulldozers and, other grading equipment, erecting berms, taking down berms, removing
vegetation, haxming and removing 􀀧􀁴􀁲􀁾􀁥􀁳􀀠and other plants, and draining Ms.' Milliken's pool. ' 422380vl 
P.2 4-25-2002 11 ,3BPM FROM ": " . , .. ' . The Town ofAddison Aptil14, 2002 Page 2 The efforts of the Town have beenperfoaned negligently, and have proximately caused property damage
to the Milliken property, including se:veral flooding incidents into the home, beginning in December of 2001, and continuing even to the present day. While the dollar amount of the specific
damage is still being examined, it appears that the damages, for merely the property damage portion of the claim, may exceed $100,000. This figure is without respect to the value of
the drainage easement which has been laken. and without regard to the emotional exhaustion and considerable inconvenience caused by the continual flooding of the property., and the Town's
attempts to alter the situation. Ms Milliken has tried to be reasonable and accommodating in seeking a solution with the. Town, but she can no longer wait to see what the next rain may
bring, before sending this notice. THKlsh ce: Pat Milliken 4:<2380,1 
.:::OWLES &THOMPSO." A Pro{!2ssional Corporation ATTORNEYS AND COUNSELORS --_.._ ..... . JOHN M. HILL 214_&12.2110 JHILL@COWLESTHOMPSON.COM April 8, 2002 Mr. Ray Byrd Bellinger & DeWolf
750 North St. Paul Street, Suite 900 Dallas, TX 75201 RE: 14885 and 14901 Lake Forest Drive, Addison, Texas Dear Ray: Thank you for your telephone call last week. I have enclosed three
(3) originals of the Agreement between the Town of Addison, the Preston Group Designers and Builders, Inc. and Preston Homes, Inc. The type of corporation for each of the builders needs
to be filled in on pages 1 and 2. Exhibits A and B are a description of the two Lots; I do not have a full legal description of the Lots, and would ask that you attach those Exhibits.
Exhibit C is the drainage plan and that is attached. Exhibit D includes the drainage plans which were submitted to the Town by the builders, and a date and the name of the party that
prepared the plans needs to be filled in. Exhibit E is attached. Once the Exhibits have all been attached, please submit the Agreement to each of your clients for execution. Once the
Agreement has been executed, please forward the originals to me (together with a check in the amount of $3,000.00), and I will have the Agreement executed by the City. Please give me
a call if you have any questions. Ve truly yours, 􀁾􀀮􀁩􀁬􀁬􀀠JMHlyjr Enclosures cc; Mr. Mike Murphy Mr. Kenneth Dippel 901 MAIN STR£ET SUITE 4000 DALLAS, TEXAS 1520237::;3 D ALL A S
r Y L E R TEL 214,612.2000 FAX 􀀲􀁬􀁾􀀬􀁥􀀷􀀲􀀠2020 WWW.COWLESTHOMPSON.COM 
, . AGREEMENT THIS AGREEMENT is entered into effective as of the __ day of April, 2002 (the "Agreement"), by and between TOWN OF ADDISON, a Texas municipal corporation (the "Town"),
THE PRESTON GROUP DESIGNERS & BUILDERS, INC., a ______ corporation ("Preston Group") and PRESTON HOMES, INC., a corporation ("Preston Homes") on the following terms and conditions to
wit: W1TNESSETH: WHEREAS, Preston Group and Preston Homes (sometimes hereinafter collectively referred to as "Builders"), are the owners, respectively, of those certain Lots (herein
so-called) more particularly described on Exhibit" A" and Exhibit "B" attached hereto; WHEREAS, Builders are currently in the process of constructing two (2) residential homes (the "Projects")
on theirrespective Lots; WHEREAS, the Town has recently issued a "stop work" order (the "Order") dated January 9, 2002 concerning the Projects; WHEREAS, the Town and Builders have reached
a resolution of their disputes concerning the basis of the Order and desire to enter into this this Agreement to set forth the terms of such resolution; NOW, THEREFORE, for and in consideration
of the premises, the mutual covenants herein contained, and other good and valuable consideration, the receipt and SUfficiency of which are hereby acknowledged, the parties hereto do
hereby agree as follows: I. Effective January 29, 2002, the Town has rescinded the Order. 2. Builders shall pay to the Town by cashier's check, simultaneously with the execution of this
Agreement, the sum of Three Thousand and No/lOO Dollars ($3,000.00) to be used toward the cost ofimprovements to be undertaken by the Town with respect to the proposed Drainage Facilities
(herein so-called) more particularly described on Exhibit "C" attached hereto. 3. The Town agrees to undertake responsibility for the construction of such Drainage Facilities and to
commence and complete such construction as soon as reasonably possible. 4. Builders agree that their respective Lots shall comply with the Drainage Plans (herein so-called), more particularly
described on Exhibit "D" attached hereto. Builders further agree that they will perform the Work (herein so-called) described on Exhibit "E" attached hereto on the Lot described on Exhibit
"F" (the "Milliken Lot") as soon as reasonably possible. The Town will work and cooperate with the Builders to obtain the consent of the owner of the Milliken Lot to Builders' performance
of the Work. In the event that the owner of the Milliken Lot interferes with the performance of the Work, the Builders obligation to perform the Work may be temporarily suspended until
such time as consent to perform the Work is obtained from the owner of the Milliken Lot. AGREEMENT -Page I of2 
5. The Town acknowledges and agrees that upon Builders' (i) payment to the Town of Three Thousand and No/lOO Dollars) ($3,000.00) as herein provided, (ii) compliance with the Drainage
Plans, and (iii) performance of the Work, Builders shall have no further obligations as to the Town, and the Town will impose on Builders no further requirements, to make any additional
improvements, spend any additional sums, andlor take additional action, with respect to drainage (based on the conditions existing as of the date of this Agreement) as it affects the
Lots, the Milliken Lot and the Leightner Lot. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respecti ve successors and assigns. 7.
This Agreement shall be construed under and in accordance with the laws of the State ofTexas, and shall be performable in Dallas County, Texas. Venue under this Agreement shall lie in
Dallas County, Texas 8. This Agreement may only be modified by writing signed by all of the parties hereto, and no waiver hereunder shall be effective unless in writing signed by the
party to be charged with such waiver. IN WITNESS WHEREOF, this Agreement has been executed and delivered by each of the parties as ofthe date first herein above written. TOWN OF ADDISON,
a Texas municipal corporation By:_______________ Name: Ron Whitehead Title: City Manager THE PRESTON GROUP DESIGNERS & BUILDERS, INC., a corporation By:______________ Name:---------------------Title:
________________ PRESTON HOMES, INC., a _______corporation By:________________________ Name:_______________ Title:________________ AGREEMENT -Page 2 of2 
EXHIBIT II AII 
EXHIBIT "B" 
EXHIBIT "e" 
EXHIBIT "D" DRAlNAGEPLANS 1. Drainage Plan dated , prepared ___________ for 14885 Lake Forest Drive, Addison, Texas. by 2. Drainage Plan dated prepared ___________for 14901 Lake Forest
Drive, Addison, Texas. by 
EXHIBIT "E" THE WORK Rake out graded areas and seed with Rye grass. Add erosion control matting where needed. Final seed along north south side retaining wall to be completed once wall
is completed. Cooperate and work with the Town of Addison to transition into a drainage inlet to be located on the south side of the fence (wall) which is located on 14901 Lake Forest
(such wall to be extended as set forth herein) and immediately adjacent to the point where the northwest comer of 14901 Lake Forest Drive adjoins the southwest comer of 14905 Lake Forest
Drive, by (i) extending the rock wall that is running east-west between 14901 Lake Forest and 14905 Lake Forest up to the drainage inlet and (ii) by allowing placement of the drainage
inlet in the location as described above. The Town will perform (at its cost) all construction on the drainage inlet and Builder will perform (at its cost) all construction on the wall
extension. 
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. 31 reD;l0l' anll 􀁲􀁥􀁰􀁬􀁩􀁩􀁥􀁯􀁯􀁮􀁥􀁰􀁾􀁥􀁬􀀠.' '. 􀁾􀁾􀀠-of4mtstfng1foolleatmee. -. , , ,v." 4. construct 2-8fll. 'T"IBlctas SIUllVII_Oil tho p¥auS, _ 5. " l"O-lIoll cUstDrllell
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..mjuJre(l..... ". .. .. .' .' ' ,.' . " " ... ..... " , '. .... "'., '. .,' , .... '." " .... : • ..'. t '. TOWN OJ! ADDISON . . . • ' .. " .. .PUBLIC WORKS DEPARTMENT ", " t .. • •:'."
􀁾􀀮􀀢􀁾􀁾... ::' .. . '\ .. " ." , '. .. (.February 4,1001 " .... ,,-, , '.. < . . \.• ( , . ' , . .. .': '" , . ..'. *, ." ...-. " .. . • '.. '. " ..... p" .,. ... '. . .'. 􀀧􀀧􀀧􀁾􀀠.......
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"':OWLES &THOMPSOi, A Professional Corporation ATTORNEYS AND COUNSELORS JOHN M. Hll..l 214.672.2110 JI-IIlL®CowtESTHOMPSON.COM March 12,2002 VIA FACSIMILE (214) 954-9541 Mr. Ray Byrd
Bellinger & DeWolf 750 North SI. Paul Street, Suite 900 Dallas, TX 75201 RE: 14885 and 14901 Lake Forest Drive, Addison, Texas Dear Ray: Attached for your review, please find a redlined
copy of the proposed Agreement regarding the property on Lake Forest Drive in Addison. I have deleted Paragraph 5 from the Agreement regarding the Leightner lot. I understandfrom the City Engineer that he has met with Mr. Coleman and that Mr. Coleman is satisfied that any issue regarding drainage from the Leightner lot has been corrected. Also enclosed is
a revised copy of the Drainage Facilities which is Exhibit C. After your review, please give me a call. Very truly yours, 􀁾􀀮􀀠 JMHlyjr Attachments cc: Mr. Mike Murphy Mr. Kenneth Dippel
qOl MAIN STREET SUITE 41)00 QALLAS, TEx.AS 75-202·)19, n: L 214.(,72.2000 FAX 214 472.2020o ALL A S T Y L E R WWW.COWLESTHOMPSON.COM 
AGREEMENT THIS AGREEMENT is entered into effective as of the __;04"' day of MarchJaflHaf)', 2002 (the "Agreement"), by and between TOWN OF ADDISON, a Texas municipal corporation (the
"Town"), THE PRESTON GROUP DESIGNERS & BUILDERS, INC" a corporation ("Preston Group") and PRESTON HOMES, INC" a ______ corporation ("Preston Homes") on the following terms and conditions
to wit: WITNESSETH: WHEREAS, Preston Group and Preston Homes (sometimes hereinafter collectively referred to as "Builders"), are the owners, respectively, of those certain Lots (herein
so-called) more partiCUlarly described on Exhibit "A" and Exhibit "B" attached hereto; WHEREAS, Builders are currently in the process of constructing two (2) residential homes (the "Projects")
on their respective Lots; WHEREAS, the Town has recently issued a "stop work" order (the "Order") dated January 9, 2002 concerning the Projects; WHEREAS, the Town and Builders have reached
a resolution of their disputes concerning the basis ofthe Order and desire to enter into this Agreement to set forth the terms of such resolution; NOW, THEREFORE, for and in consideration
of the premises, the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the parties hereto do
hereby agree as follows: 1, Effective January 29,2002, the Town has rescinded the Order, 2. Builders shall pay to the Town by cashier's check, simultaneously with the execution of this
Agreement, the sum of Three Thousand and NollOO Dollars ($3,000.00) to be used toward the cost of improvements to be undertaken by the Town with respect to the proposed Drainage Facilities
(herein so-called) more particularly described on Exhibit "C" attached hereto. 3, The Town agrees to undertake responsibility for the construction of such Drainage Facilities and to
commence and complete such construction as soon as reasonably possible. 4. Builders agree that their respective Lots shall comply with the Drainage Plans (herein so-called), more particularly
described on Exhibit UD" attached hereto. Builders further agree that they will perform the Work (herein so-called) described on Exhibit "E" attached hereto on the Lot described on Exhibit
"F" (the "Milliken Lot") as soon as reasonably possible. The Town will work and cooperate with the Builders to obtain the consent of the owner of the Milliken Lot to Builders' performance
of the Work. In the eventHewe\'er, IRe BHilaefs sl1ull Have fle ealigatiefl *e flerfefm the WeRE ifl Ike eyet'lt that the owner of the Milliken Lot interferes with the performance of
the Work, the Builders obligation to perform the Work may be 1 
temporarily suspended until such time as consent to perform the Work is obtained from the owner of the Milliken Lot. 5. The TswfI Etgfees that it, ay aHti thl"sl!gh its BI!i1Eiillg Offieial,
shall tal,s 5l1sh allllfspRate enIGreemeHt aetisll l!$ the Bl!ilEliHg Ofli.eill:l shall Eiifeet (ill the BttiJaillg Ofli.eial's tiiseretisH) II:S shall eal!ss the eWfle£ sf the let Eiesel"iileEi
ell el(hiilit "G" (the LeighIHer Let") te eeffee! the Elf!lillage preillerRs SfI the LeighIHer Let 11:5 re¥erefleee ill that eeftaill Leller Elatea ffeffi te 2&. The Town acknowledges
and agrees that upon Builders' (i) payment to the Town ofThree Thousand and Noll00 Dollars) ($3,000.00) as herein provided, (ii) compliance with the Drainage Plans, and (iii) performance
of the Work, Builders shall have no further obligations as to the To::m. and the Town will impose on Builders no further requirements, to make any additional improvements, spend any
additional sums, andlor take additional action, with respect to drainage (based on the conditions existing as of the date of this Agreement) as it affects the Lots, the Milliken Lot
and the Leightoer Lot. fi/-. This Agreement shalt be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Z8-. This Agreement shall
be construed under and in accordance with the laws of the State of Texas, and shall be performable in Dallas County, Texas. Venue under this Agreement shall lie in Dallas County, Texas
2 
.!l.9. This Agreement may only be modified by writing signed by all of the parties hereto, and no waiver hereunder shall be effective unless in writing signed by the party to be charged
with such waiver. IN WITNESS WHEREOF, this Agreement has been executed and delivered by each of the parties as ofthe date first herein above written. TOWN OF ADDISON, a Texas municipal
corporation '. By: Name: _________________________ Title: City Manager THE PRESTON GROUP DESIGNERS & BUILDERS, INC., a __________.corporation By:Name: ______________________ Title: PRESTON
HOMES, INC., a __________-'corporation By: Name: _______________________ Title: 3 
EXHIBIT "A" .. 
EXHIBIT "B" 
EXHIBIT "e" 
EXHIBIT"D" DRAINAGE PLANS 1. Drainage Plan dated , prepared by ___________ for 14885 Lake Forest Drive, Addison, Texas. Drainage Plan dated prepared by ___________ for 14901 Lake Forest
Drive, Addison, Texas. 
EXHIBIT "E" THE WORK Rake out graded areas and seed with Rye grass. Add erosion control matting where needed. Final seed along north south side retaining wall to be completed once wall
is completed. Btlilaefs sllall eCooperate and work with the Town of Addison toiR ffialEiRg tile ReeeSSIll'j' transition intollmi eeR!1eetieR Ie a drainage inlet to be located on the
south side of the fence (wall) which is located on 14901 Lake Forest (such wall to be extended as set forth herein) and immediately adjacent to the (loint where the northwest comer of
14901 Lake Forest Drive adjoins the southwest corner of 14905 Lake Forest Drive. by (i) extending the rock wall that is running east-west between 14901 Lake Forest and 14905 Lake Forest
up to the drainage inlet and (m by allowing placement ofthe drainage inlet in the location as described above. The Town will perform (at its cost) all construction on the drainage inlet
and Builder will perform (at its cost) all construction on the wall extension. 
1 1 1 • . 1, 􀁾􀀠" ., ,11,0'71'11'1 FEB 28 2002􀁾􀀮􀀠... . " .. " : " ""-.. ". ,. .:" ... ." ".:..; .' 1 .."'I' ",* J. .. !' : ...... .. " .. ".. .. ......; 1....:-􀁾..... ' 􀀢􀀮􀁾􀀢􀀠..
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S', _ 􀁾􀀵􀀰􀀲􀀸􀀳􀀷􀀠 p.3FEB 28 2002 11:07AM iLASERJET 3200 -.. ... ... .. .. '110 -","-41'-';-<1 .'•• ' ••••. 10.:--'.... -••••',&/"./0 .' ... .. .. • .. " ! ..f:> ........ 􀁾􀀮􀁟􀀠
, ,· "," .. " .'. . .\ ........ " "'.":... : • , •• 4O .... -, 'It ." ..... ... I/' • -, .'.. " •􀁾􀁾􀁴􀁲􀀮􀀠􀀢􀁃􀁏􀁄􀁴􀁲􀁡􀁣􀁦􀁯􀁲􀁤􀁊􀁡􀁬􀁬􀁾􀁥􀁲􀁬􀁯􀁮􀁩􀁬theJbllriWrng, ' .. 􀁾􀀠...
*-i'.. .. .......! , , .. ..􀁾􀀠" ••w.• I. ,CODDt;et'pl'Dposec1irtormllmf.t1 : 􀀺􀀮􀁾....... -.... .. . . .'" ....."".,:.t(tUJ.mDJfeurbfittet " " • ' . , . .. " '".2. remove aueI replace
ufst1ug ... .. .' 􀁾􀀠.• 􀁾􀀧. .' . , ,": 􀁥􀁸􀁰􀁯􀁳􀁥􀁣􀀱􀀮􀁡􀁧􀁧􀁲􀁥􀁧􀁡􀁾lfIJewalk '.I'elU0T.aeII'epJiico onepllDel : . .vfextsthlglfooeIeatence. .'. ." t4. construet Ufd,"PlDlefas
, MOlm, 􀁾Cheplins., , !'Holl dlmlrlleil areas 1'FItld!a .. · . ' .. .' 􀁾􀁾􀀧􀀠􀀬􀁥􀁯􀁭􀁾􀁱􀁴􀁯􀀬􀁄􀀦􀁦􀁴􀁾􀀬􀀮􀀮􀀠"' , . ' ..'. "."'.;: ". 􀀧􀀮􀁾.. 􀀺􀁾􀀺􀀠....􀁾􀀮􀀬􀀬􀀻􀁾􀁾􀀮􀁥􀁾􀀡􀀺􀀺􀁂􀁦􀁾􀁾􀂷�
�􀀮􀀠" . .: 􀁾􀀠􀁾􀀮􀀬..-.􀁾􀀮􀀧􀀩􀀠..::::.:::.:: .. :... 􀀺􀀻􀀺􀁾􀀮􀁾􀁾􀀮􀀠, ' ..exI.i8Iig1lWI9'􀀱􀁑􀁾􀀮􀁴􀁦􀁯􀁄􀂷􀀧􀀠. .. banfea4IDg, • reqUIreCI .. " ,.' '.' ' ,, , . -/.' , " . ,
' , :4 " • , . ." " , , ,'." ',' ·.... ., " ','.''" • , , " 􀀺􀁾􀀮􀀠, :.. ;. ,TOWN OF ADDISON , " " . ......PUBLIC WORKS DEPARTMENT " , : : to. :, .. . 􀀬􀀮􀁾􀀠. . February 4. 2002 ,.
, , , .. , " .' , ' ; 􀁾􀀠.. '.. . .:....,:-C<==3< " .' t ",, . , , .. , , . " ,.,'. .., , " , " .' "• , ' ..􀁾􀀠. ... '" . ... . ".. ... '. '; .' -..:." .,.. '" ,. :" ...... ..... •
.I''". . 􀁾􀀠 .. ... .... ... ....... t ... .. 􀀮􀁉􀁾􀀠 􀁾􀀠...." .. • .... <II ,·-, ,• .....--. .: . .:-': " .." ...􀁾􀀺'\ " 
s 􀀨􀁴􀀻􀁾􀁰􀀠t....e 􀁾PA'>""J He-<e (J..£4.T ;::>e<"."" 75 t.-S T2> ""-<7.-""L/...,.,.􀀢􀁾􀀯􀀧􀀠􀀣􀀧􀁣􀀭􀁦􀁾􀀨􀀠e Ike 􀁾􀁥"'v!.'"'-T ?PUBLIC WORKS DEPARTMENT Post Office Box 9010 Addison,
Texas 􀀷􀀵􀀰􀀰􀀱􀁾􀀹􀀰􀀱􀀰􀀠iT 4;0 !>e Free ,4-T Pat Milliken &F?('Ce/(F14905 Lake Forest Drive Addison, TX 75001 Re: Drainagerrree Removal February 19, 2002 Dear Ms. Milliken, The following
measures are currently underway to complete installation of a storm water drainage structure. On Saturday, February 17, 2002 the Town contracted the services of an arborist to remove
trees that were in the path of the 15-inch drainage pipe installation. The approximate size and location of the trees are as follows: Trees outside the five-foot easement: 1 -8 Yo •
caliper Soapberry tree -6.5 feet from fence 1 -8 Yo " caliper Soapberry tree -5.5 feet from fence Trees within the five-foot easement: 1 -10" caliper Soapberry tree -3 feet from fence
1 -4" caliper Hackberry -2'3" from fence 1 -3" caliper Hackberry tree -2'2" from fence 1 -2 Yo " caliper Hackberry tree-20· from fence 1 -2 " caliper Hackberry tree -20 " from fence
1 -2" caliper Hackberry tree -11" from fence 1 -3" caliper Hackberry tree -23" from fence 1 -5" caliper Hackberry tree -21" from fence Based on the location of the trees removed, all
but two are within the five-foot drainage easement and are therefore not eligible for replacement. However, the Town has agreed to replace all three of the larger Hackberry trees with
three higher quality 􀁳􀁨􀁡􀁾􀀠trees (4" -caliper) or omamental trees (2" -caliper), owners' choice. All of the replacement trees will be placed and installed by the Town of Addison
in the property owner's back yard outside of the five-foot drainage easement at a location determined by the property owner. Once the drainage structure has been installed the contractor
will clean and grade site to homeowner satisfaction. The contractor will install an environmentally safe erosion control mat in areas where necessary. The Town will follow with any combination
of reseeding, hydra mulch and sod to restore the site to its ortginal or better condition. 􀁾􀀭􀀭...... EXHIBIT NO. 7ft: USA SIMON 
􀁒􀁥􀁳􀁰􀁥􀁣􀁴􀁦􀁵􀁬􀁾􀀬􀀠AJJL fA,1/Michael E, Murphy, PE /
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�􀀮􀁾􀁟􀁾􀁾􀁉􀁾􀂣􀁾􀀺􀁲􀀹􀁴􀁬􀁾􀁤􀁴􀀮􀀮􀀭.. · . 􀀨􀀼􀁻􀁾􀁾􀁟􀁩􀁩􀀻􀁊􀀻􀀮􀁾􀁩􀁉􀀳􀁥􀀻􀁾􀁾􀂭I -'3"c&. 􀀯􀁬􀁑􀁃􀀻􀀻􀀨􀀮􀀻􀀻􀁺􀀡􀁉􀀻􀀧􀁾􀀠􀁲􀀻􀀮􀁖􀁲􀁮􀁾􀂷􀀠 􀀮􀁾􀀠-.---..􀀧􀀭􀀮􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭�
�􀀭􀀭􀀭􀀭􀀭􀁾••----. It ..... f-􀀿􀁾􀁙􀁾􀁾􀁾􀁊􀁾􀀭􀁾􀁺􀀮􀁾q 􀁾􀁾􀁾􀁟􀁾􀀠/-'). " c..R, 􀁴􀁫􀀮􀁾􀀠􀁾(j'i􀁴􀀺􀀺􀀱􀀼􀁨􀁴􀁶􀁾􀁾􀀠􀁬􀀽􀁺􀀺􀀻􀁾􀁾􀀷􀀮􀀻􀀻􀀺􀁾􀁾􀀯􀀻􀀠􀀧􀁾􀁾􀀭􀀻􀀻􀀭􀀺􀀭􀂭􀂷􀀯􀁾􀁩􀁾􀁾􀁾􀁾􀁟􀁤�
�􀁾􀀮􀀲􀀮􀁾􀀨􀁾􀁾􀁾􀁾􀀮􀁟􀁴􀁾􀀭􀀮􀂭􀁉􀀭􀂣􀁾􀀧􀀭􀁾􀁾-tkitJ.. .􀀮􀁢􀁬􀁾􀀺􀀧􀁾􀂣􀁾􀁟􀁾􀁯􀀼􀀽􀀠
February 19, 2002 Pat Milliken 14905 Lake Forest Drive Addison, TX 75001 Re: Draina,9e1Tree Removal Dear Ms. Milliken, The following measures are currently un de to installation of C-drainage
structure,liI!lill!@"! I II' Ie!t On atu a'y Fe ruatY 17, 2002 the Town contracted the services of XYZ to remove tree 􀁴􀁨􀁾􀀠re in the path of the 15-inch drainage pipe installation.
J -____􀁲􀁾􀁕􀁉􀁜􀀠The approximate size and location of the trees1lre as follows: .......r-10" caliper Hackber(y tree -3 feet from fence 1 ·8 14" caliper Hackberry tree -6.5 feet from
fence 1 -8 14 " caliper Hackberry tree -5.5 feet from fence ...-1 -4" caliper Hackberry -2'3" from fence 1--1 -3" caliper Hackber(y tree· 2'2" from fence v-1 -2 14" caliper Hackberry
tree-20" from fence v1 -2 " caliper Hackberry tree -20 " from fence vi -2" caliper Hackberry tree -11" from fence v4 -3" caliper Hackberry tree -23" from fence VI'-5" caliper Hackberry
tree -21" from fence Based on the location of the trees removed, all but two are within the five-foot drainage easement and are therefore not eligible for replacement However, the Town
has agreed to replace all three of the IIiIXger Hackber:r:y trees with three lli9herqualijy shade trees (4" -caliper) or omamental trees (2" -caliper), owners' choice. All of the replacement
trees will be placed and installed by the Town of Addison in the property owners back yard outSide of the five-foot drainage easement at a location determined by the property owner.
Once the drainage structure has been installed the contractor will clean andgrade site to homeowner satisfaction. The contractor will install an environmentally safe erosion control
mat in areas where necessary. The Town will follow 􀁷􀁩􀁴􀁨􀁾􀁳􀁥􀁥􀁤􀁩􀁮􀁧􀀬􀀠hydra mulch and sod to restore the site to its orIginal or better conditio . Respectfully, '\ (b<f1Io";;"'"
􀁨􀁾􀀬􀀭􀁾􀁾􀀠Michael E. Murphy, PE 
Losses at 14905 Lake Forest Drive, Addison, TX 75254 2 cell phones CD's@DW's Rugs (2, 10x12; 2, 4x6; " 3X5) Comforter, 2 throws Clothes Purse ($S5, contents $50) Women's boots Books
Wicker chest Vintage clothing stored Incloset Clean drapery Interior cleaning Pool Power washing Cost ofwater: re-fill pool, power washing Undetermined pool equipment damage, Pool sweep
would be $800 to replace, Equipmentand motors $2500 Water extraction (done by us & F.D.I Damage to wood deck skirting Rattan Table Surround sound speakers Damage to cedar three (undetermined)
Damage to my ground cover lall areas will have to be sOdded and watered, 3500 sf! $35,431 $ 334 1,000 4,400 650 2,500 135 220 550 225 5,000 200 260 907 500 100 $3300 100 200 250 SOO
$7,000 7,000 
"::;OWLES &THOMPSO", A Professional Corporation ATTORNEYS AND COUNSELORS JOHN M.I1I1.1. 2:14.67U110 JHILL@COWlESTHOMPSQN-COM February 15, 2002 VIA HAND DELIVERY Mr, Ray Byrd Bellinger
& DeWolf 750 North St Paul Street, Suite 900 Dallas, TX 75201 RE: 14885 and 14901 Lake Forest Drive, Addison, Texas Dear Ray: In connection with the Agreement regarding the property
on Lake Forest Drive in Addison, Exhibit "E" should be revised to add the following: "Builders shall cooperate and work with the Town of Addison in making the necessary transition and
connection to the new inlet to be constructed at the southwest comer of me Milliken Lot" I have enclosed a copy of what will become Exhibit "e" to the Agreement, which are the Drainage
Facilities. We would like to get this agreement wrapped up and signed as quickly as possible. I look forward to hearing from you soon. Very truly yours, G1-!M.;, JMHlyjr Enclosure cc:
Mr. Mike Murphy Mr. Kenneth Dippel "tOI MA1N STREET SUITE 4000 DALLAS, TEXAS 75202·3793 TEL 214 612 2000 FAX 214.b72.2020 www tOWLESTHOMPSON.COM DALLAS T Y L E R 
February 1, 2002 Pat Milliken 14905 Lake Forest Drive Addison, TX 75001 Re: Drainage Dear Ms. Milliken, The following are the measures proposed by the Town of Addison to accommodate
drainage into the easement areas indicated on the Attached Drainage Map: Drainage Structure The Town is proposing to construct a y-inlet structure in the drainage easement at the far
NW corner of the property. This inlet and the outfall pipeline are sized based on the Drainage Map and flow calculations submitted by Corey Company Engineering Corp. The structure is
a 4'X4' Drop type y-inlet, and will include a concrete drainage apron to allow for free flow into the structure (see attached photo). The construction of the inlet will be as follows:
1. Connect proposed storm drain (y-inlet) to an existing curb inlet in Oaks North Drive via a 15" PVC drainpipe laid on a 2% grade. 2. Remove an existing exposed aggregate sidewalk on
the Oaks North side of the fence. 3. Remove and replace two panels of existing wooden fence. 4. Construct one standard 4'X4' y-inlet as shown on the plans. 5. Re-sod disturbed area within
inlet construction site. Note: before construction can begin we are required to locate all underground utilities; Le., gas, electricity, telephone, cable, etc. 
Page 2 Interim steps proposed to protect the building structure at 14905 Lake Forest until final grading and construction on adjacent property and drainage inlet are completed: Will
have contractor grade the SW corner of the Milliken property to direct storm water flow away from the building structure and into the N-S drainage easement along the back (west side)
ofthe property and along the E-W drainage easement along the south side of the property. The Town will also clear debris from the drainage easement in the far NW corner of the lot to
allow for drainage to free flow to the North. Note; Once the adjacent property building contractor is allowed back on the property, all drainage work will be finalized according to the
drainage plan, the adjacent property building contractor will re-seed all disturbed areas and put down erosion control matting. Interim work to protect the building structure can begin
as soon as Saturday, February 2, 2002. Drainage inlet work can begin as soon as one week after Notice to to Proceed is iSSUed. Respectfully, Michael E Murphy, PE 
February 1. 2002 Pat Milliken 14905 Lake Forest Drive Addison, TX 75001 Re: Drainage Dear Ms. Milliken, The following are the me ures proposed by the Town of Addison to accommodate drainage
into the ease ent areas indi ed on the Attached 􀁄􀁲􀁡􀁩􀁮􀁡􀁪􀁬􀁾􀁥􀀺􀀮􀀮􀀡􀁍􀀡􀀡􀁡􀀽􀀮􀀬􀀭􀀭__--.. n enm steps pro sed to protect the building structure at 14905 Lake Forest until
final grading and struction on aqjac;ent proper1Y and drainajle inlet are completed: r dntractor to grade 􀁴􀁨􀁾􀁯􀁭􀁥􀁲ofthe Milliken property to direct storm water flow away 􀁦􀁲􀁯􀁭􀁾􀁢􀁵􀁩􀁬􀁤􀁬�
�􀁧structure and Into the N-S drainage easement along the back (westside) ofthe property andalong the E-W drainal/e easement alonll the south side ofthe propertY. The Town will also
clear debris from the drainage easement in the far NW comerofthe lot to allow for drainlWe to free flow to the North. Note: Once theadjacent property Building contractor is allowed back
on theprqpertY all drainage work. will be finalized accord/nl/to the drainage plan, plan, they will re-seed all disturbed areas and putdown erosion control 􀁭􀁡􀁴􀁴􀁩􀁾􀁧􀁲􀀠Drainage
Structure: 􀁾􀁲􀀠The Town is proposing to construct a y-inlet structure in the drainage easement.irr the far NW comer of the property. This inlet and the outfall pipeline are Sized based
on the Drainage map submitted by Corey Co. Engineering Corp. r:::. 􀁣􀁴􀀺􀁬􀀮􀀮􀁬􀁷􀁾􀀠The structure is a 4'X4' Drop type y-inlet. and will include a concrete drainajle apron to allow
for free flow into the structure (see attached photo). The construction of the inlet will be as follows: 1. Connect proposed storm drain (y-inlel) to an existing curb inlet in Oaks North
Drive via a 15" PVC 􀁤􀁲􀁡􀁩􀁮􀁰􀁾􀁥􀀠laid on a 2% grade. 2. Remove an existing exposed aggregate sidewalk on the Oaks North side of the fence. 3. Remove and replace two panels of existing
wooden fence. 4. Construct one standard 4'X4' ..v-inlet as shown on the plans. 5. Re-sod disturbed area within inlet construction site. 
Note: before construction can begin we are required to located all underground utilities, Le. gas, elec, tele, phone etc. Interim work to protect the building structure can be.gin as
soon as Saturday February 2. 2002. Drainage inlet work can begin as soon as one week after Notice to Proceed is issued. Respectfu"y, Michael E. Murphy, PE 
PUBLIC WORKS DEPARTMENT (972) 450-2871 Post Office Box 9010 Addison, TexM 75001-9010 16801 Westgrove February 1, 2002 Ms. Pat Milliken 14905 Lake Forest Drive Addison, TX 75001 Subject
Drainage Dear Ms. Milliken: The following are the measures proposed by the Town of Addison to accommodate drainage into the easement areas indicated on the Attached Drainage Map: Drainage
Structure The Town is proposing to construct a y-inlet structure in the drainage easement at the far NW corner of the property. This inlet and the outfall pipeline are sized based on
the Drainage Map and flow calculations submitted by Corey Company Engineering Corporation. The structure is a 4'X4' drop type y-inlet, and will incfude a concrete drainage apron to allow
for free flow into the structure (see attached photo). The construction of the inlet will be as follows: 1. Connect proposed storm drain (y-inlet) to an existing curb inlet in Oaks North
Drive via a 15" PVC drainpipe laid on a 2% grade. 2. Remove an existing exposed aggregate sidewalk on the Oaks North side of the fence. 3. Remove and replace two panels of existing wooden
fence. 4. Construct one standard 4'X4' y-inlet as shown on the plans. 5. Re-sod disturbed area within inlet construction site. Note: Before construction can begin we are required to
locate all underground utilities; Le., gas, electriCity, telephone, cable, etc. 
Page 2 Interim steps proposed to protect the building structure at 14905 Lake Forest until final grading and construction on adjacent property and drainage inlet are completed: Will
have contractor grade the SW comer of the Milliken property to direct storm water flow away from the building structure and into the N-S drainage easement along the back (west side)
ofthe property and along the E-W drainage easement along the south side of the property. The Town will also clear debris from the drainage easement in the far NW comer of the lot to
allow for drainage to free flow to the North. Note: Once the adjacent property building contractor is allowed back on the property, all drainage work will be finalized according to the
drainage plan, the adjacent property building contractor will re-seed all disturbed areas andput down erosion control matting. Interim work to protect the building structure can begin
as soon as Saturday, February 2, 2002. Drainage inlet work can begin as soon as one week after Notice to Proceed is issued. Respectfully, 􀁰􀁦􀀮􀁾􀀠Michael E. Murphy, PE 
c I!M.J! MILE l!Il.U !llIlt:. BAAS ",.," .. "E" ME USED IN '1llE WAllS ·PARAU.a 10 '1llE II,CPh IIMS "II" ME IN '1llE WAU OI'PQglE '1llE II.CP•• Ii Ii A IW!.Ji IlN!Ji SW Existing Wooden
Fence , " l' Apron (concrete) l' Apron: (concrete) 􀁾􀀢􀀭􀀭'--:---------..--..􀀢􀀭􀀭􀁾􀀠--4' 6"SlAHllARO IIANHau: FRJ\¥E dd ·r-:--,-1'-6,,-I-W . . A 􀀮􀁾􀀮􀀺􀀮...t , 6'·',' 􀁾􀀠.2':e"
Apron .'..!....: . .􀀭􀁾􀀭􀀭􀁾􀀠. (concrete) .􀁾􀀡􀀠SECTION A-A-6': . N VIEW N.T.S.􀀢􀀢􀁾􀀡􀁬􀀮􀀠Existing Wooden Fence ··in TYPE INLET DETAILS BAAS D 06" o.c. 'II\lOCKlNG CCMl! ..•...
\... . 􀁾􀀠􀁾􀁴􀁾􀀠􀁾􀀠,.. -••..•. -·.,-1-1--..--------.--1--'--'l 
Cowles 􀁾􀀠Thompson 02 /01/2002 1:15: PAGE 3/4 EXHIBIT "D" DRAINAGE PLANS 1. DntinagePlandated ,preparedby __________ for 14885 Lake Forest Drive, Addison, Texas. 2. Drainage Plan dated
, prepared by____ for 14901 Lake Forest Drive, Addison, Texas. \\B<tIlCsewenWPPfoiowl.2335.00 1 \4991O.wpd 
Cowles 􀁾􀀠Thompson 02/01/2002 1:15: PAGE 4/4 EXHIBIT "E" THE WORK Rake out graded areas 3.l1d seed with Rye grass. Add erosion control matting where needed. Final sced along north south
side retaining wall to be completed once wall is completed. 􀁉􀁜􀁾􀁤􀀮nt.}"""e'\wpprolow1238l.00 I 14991 O.wpd 
Cowles & Thompson 01/31/2002 10:38 PAGE 1/10 􀀱􀁬􀀧􀁾􀁨􀁴􀁆􀁁􀁬􀀡􀀠COWLES &THOMPSON A Proftltlonli COfpofltfO'n 􀁁􀁔􀁔􀁏􀁾􀁎􀁅􀁖􀁩􀀠AffO toUtfS£LCR8 FACSIMILE C 0 V E R PAGE Date and
Time Faxed: Thursday, January 31, 2002 10:30:10 AM Total Number of Pages (including cover sheet): 10 Client/Matter #: 3195125211 To: Name: Mike Murphy; Lynn Chandler Company: Fax Number:
972·450-2837 Voice Phone: From: Name: John Hill Fa" Number: 214-672-2370 Voice Phone: :214·672-2170 Message: Mike and Lynn -Just received this, IMPORTANT/CONFIOENTlAL:This message is
intended only for the use of thE' individual or entity to which it ii addressed. Thi, menage contains information from the law firm of Cowles&. Thompson which may be privileged, confidential,
and exempt from disclosure under applicable law. If the reacler of tllis message is not the intended recipient Dr the employee, or agent relponsible lor delivering thll messAg! to lite
intended recipient you are hereby notified that any dissemination, distribution, or copying of the communication is .trictly prohibited. If you have received this 􀁾􀁯􀁭􀁭􀁵􀁮􀁩􀁣􀁡􀁴􀁩􀁯􀁮􀀠in
error, please notify us immediately .t 􀁯􀁾􀁲􀀠telephone 􀁮􀁾􀁭􀁢􀁥􀁲􀀠(2l4)672.2000. We will be happy 10 arrange fur the retum of this message to us, yla the United States Postal Service,
at no co.t to you. 901 MAU U"£lT .un! 40110 OAf.,... A •. T'XAI HIOI-n,., TEL U4,U2,IOOO fAX 214.612.1020DALLAl T V L ! R III IN WI. 􀁥􀁯􀁖􀁬􀁾􀁬􀁬􀁔􀁈􀁏􀀢􀀧􀁐􀁬􀁃􀁎,UII 
Cowles & Thompson 01/31/2002 10: 38 PAGE 2110 ''i ghtFAX BELLINGER & DEWOLF A Registered Limited J.iability Partnership ATTORNEYS & COUNSELORS AT LAW 5 Mail: rbyrd@bd.law.com 750 N.
ST. PAUL STR55T. SUITE 900 DALLAS. TEXAS 75201 (214) 954.9540 FacslmJJe (214) 954·9541 :FACSIMILE COVER SHEET DATE: January 31, 2002 FILE NO.: FROM: Raymond G. Byrd NUMBER OF PAGES INCLUDING
COVER SHEET: q Company Facsimile No. 1. John M. Hill Cowles & Thompson 214-672-2020 Comments: Attached is a draft of the Agreement between Ibe builders aod Town of Addison for your review.
Please nore my client has not had an opP'orruniry to review Ibe attached Agreement and it is therefore subject to his review and change. IF YOU HAVE ANY QUESTIONS. PLEASE CALL: (214)
954-9540 TIIEINPORMATION CONTAINED lNTHlS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDEi'ITIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. THE
REVIEW, DISSEMINATION. DISTRIIlUTION OR COPYING Of THIS COMMUNICATION TO ANYONE OTHER TIJAN THE INTENDED ADDRESSEE IS STRICTLY PROHIBITED. If YOU 􀀩􀁾􀁁􀁖􀁊􀀮􀀡􀀠lUlCJ.!IVJ.!D THIS COMMUNICATION
IN ERROR, PLEASE IMMEDIATELY NOTIFY US:BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA: THE U.S. POSTAL SIlRVICE. THANK YOU. 
Cowles & Thompson 01/31/2002 10:38 PAGE 3/10 AGREEMENT THIS AGREEMENT 􀁩􀁾􀀠entered into effective as of the 24"' day of January, 2002 (the "Agreement"), by and between TOWN OF ADDISON,
a Texas municipal corporation (the "Town"), THE PRESTON GROUP DESIGNERS & BUILDERS, INC., a corporation ("Preston Group") and PRESTON HOMES, INC., a corporation ("Preston Hpmas") on
the following tenni; and conditions to wit: WITNESSETH: WHEREAS, Preston Group and Preston Homes (sometimes hereinafter collectively referred to as "Builders"), are the owners, respectively,
of those certain Lots (herein so-called) more particularly described on Exhibit "PI:' and Exhibit "B" attached hereto; WHEREAS, Builders are currently in the process ofconstructing two
(2) residential homes (the "Projects") on their respective Lots; WHEREAS, the Town basrecently issued a "stop work" order (the "Order") dated January 9, 2002 concerning the Projects;
WHEREAS, the Town and Builders have reached a resolution oftheir disputes concerning the basis of the Order and desire to enter into this Agreement to set forth the terms of such resolution;
NOW, THEREFORE, for and inconsideration oflhe premises, the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties herelo do hereby agree as follows: I. Effective January 29, 2002, the Town has rescinded the Order. 2. Builders agree te pay to the Town the sum ofThree Thousand
and Noll 00 Dollars ($3,000.00) to be used toward the cost ofimprovements to be undertaken by the Town with respect to the proposed Drainage Facilities (herein 􀁳􀁯􀀭􀁣􀁡􀁉􀁊􀁾􀁤􀀩􀀠more
particularly described on Exbibit "e" attached hereto. 3. The Town agrees to undertake responsibility for the construction of such Drainage Facilities and to commence and complete such
constructionas soon as reasonably possible. 4. Builders agree that theirrespeclive LoIS shall comply with the Drahlage Plans (herein so-called), more particularly described on Exhibit "D" attached
hereto. Builders further agree that they will perform the Work (herein so-called) described on Exhibit "E" attached hereto on the Lot described on Exhibit "F" (the "Milliken Lot") as
soon as reasonably possible. The Town agrees to obtain the consent of the owner of the Milliken Lot to Builders' perfonnanoe ofthe Work. 1 
Cowles 􀁾􀀠Thompson 01/.31/2002 10: 38 PAGE 4110 5. The Town agrees that itshall take all appropriate enforcement action within the limits of its authority under applicable law, to cause
the owner oflhe lot described on Exhibit "G" (the "Lcightner Lgt") to COrrect the drainage problems on the Lcightner Lot as referenced in that certain Letter dated . from 10 ________'
6. The Town acknciwledges and agrees that upon Builders' Ci) payment to thc Town of Three Thousand and NollOO Doll;m; ($3,000.00) as hercin provided. (ii) compliance with the Drainage
Plans. and (iii) performance ofthe Work, Builders shall have no furtl1er obligations, and the Town will impose on Builders no further requirements. to make any additional improvements,
spend any additional sums, andtbr take any additional action, with respect to drainage as its affects the Lots, the Milliken Lot and the Leightner Lot 7. TIus Agreement shall be binding
upon and inure to the benefit ofthe parties hereto and their respective successors :md assigns. 8. This Agreement shall be construed under and inaccordanee with the laws ofthe State
ofTexas, and shall be perfonnable in Dallas County, Texas. 9. This Agreement !!lay only be modified by writing signed by all ofthe parties hereto, and no waiver hereunder shall 􀁢􀁾􀀠effective
unless in writing signed by the party to be charged with such waiver. 2 
Cowles & Thompson 01/31/2002 10:38 PAGE 5/10 lli,ghtFAX IN WITNESS WHEREOF, this Agreement has been executed and delivered by each oflhe parties as ofthe date first herein above written.
TOWN OF ADDISON, a Texas municipal corporation By: 􀁎􀁡􀁭􀁥􀀺􀁾􀁾􀁾___________________ Title: City Manager THE PRESTON GROUP DESIGNERS &BUILDERS, INC., a ____________corporation By:Nrune:
_______________________ Title: PRESTON HO:MES, INC., a __________corporation By:Name: ______________________ Tifle: '\ad_f'It)iC'f'Ver\wppro Inw\23 85 ,00 1\4991 O. wt:;d 3 
Cowles & Thompson 01/31/2002 10:38 PAGE 6/10 EXHIBIT "A" 􀁜􀁜􀁥􀁤􀁟􀁮􀁴􀀬􀁾􀁳􀁲􀀺􀁲􀁙􀁃􀁲􀁜􀁷􀁰􀁰􀁲􀁑􀁬􀁬􀁬􀁷􀁜􀀲􀀳􀁓􀀵􀀢􀁏􀁏􀁬􀁜􀀴􀀹􀀹􀀱􀀰􀀮􀁷􀁰􀁊􀀳􀀠
Cowles 􀁾􀀠Thompson 01/31/2002 10:38 PAGE 7/10 EXHIBIT "B" \\lld..nu,rvorlwppro13w\2l85,00114991 O''"lld 
Cowles 􀁾􀀠Thompson 01/31/2002 10:38 PAGE 8/10 R{ghtFAX i I EXHIBIT "e" 
Cowles & Thompson 01/31/2002 10:38 PAGE 9/10 EXHIBIT tiD" 
Cowles & Thompson 01/31/2002 10:38 PAGE 10/10 lli.ghtFAX EXHlBIT "En 
􀁾􀁏􀁗􀁌􀁅􀁓􀀠&THOMPSOl'. A Professional Corporation ATTORNEYS AN'D COUNSELORS -----------------------.__..... _-----JOHNM.HfLI.. 214.612.2170 JHII..l@COW1..,ESTHOMPSON.COM January 30,
2002 VIA FACSIMILE (214) 954-9541 Mr. Ray Byrd Bellinger & DeWolf 750 North St. Paul, Suite 900 Dallas, TX 75201 RE: Town of Addison -Lake Forest Drive Dear Ray: Today, the Building
Official of the Town of Addison, Texas, Lynn Chandler, forwarded to your attention a notice that the stop work order on the two properties on Lake Forest Drive in Addison has been temporarily
lifted. As you know and as we discussed at our meeting yesterday, the Town has agreed to allow construction to resume on those two properties while we are working out the final wording
on the agreement regarding drainage. To confirm our discussion of yesterday, you will be preparing that agreement and forwarding it to me no later than Thursday, January 31, 2002. /JMHfyjr
cc: Mr. Mike Murphy Mr. Lynn Chandler Mr. Kenneth Dippel 901 MAIN STREET SUITE 4000 OALtAS, TEXAS 75202 37q3 D ALL A S T Y L E R TEt 214.£>722000 fAX 214 b7Z.20la www.COWlESTHOMPSON.COM

:{ :. " , L, 􀁾􀁟􀀧􀀮􀀠,'" MICHAEL E. MURPHY, P.E.cPt.. I Director of Public Works (972) 450·2818 (972) 450·2837 FAX mmurphy@ci.addison.tx.us E-mail Town ofAddison. 16801 Westgrove Dr.
P.O. Box 9010, Addison, Texas 75001·9010 􀁾􀀢􀀱􀀧• y􀀱􀀱􀀡􀀹􀀼􀁾􀀠f£ND 􀀴􀀧􀁔􀀭􀁲􀁾􀁣􀁈􀁥􀀠9 IJ.. COP, 􀁣􀁾􀀠ThE.."' 􀁜􀀩􀁩􀁍􀀮􀀱􀁫􀁜􀁾􀀠􀁾􀀨􀁁􀀮􀀮􀁴􀀠􀁾􀁬􀁃􀀾􀁍􀀢􀀧􀀩􀀢􀁔􀁅􀀧􀁐􀀠Br
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AGREEMENT THIS AGREEMENT is entered into effective as of the 24th day of January, 2002 (the "Agreement"), by and between TOWN OF ADDISON, a Texas municipal corporation (the "Town"),
THE PRESTON GROUP DESIGNERS & BUILDERS, INC., a _____:-corporation ("Preston Group") and PRESTON HOMES, INC., a corporation ("Preston Homes") on the following terms and conditions to
wit: WI1NESSETH: WHEREAS, Preston Group and Preston Homes (sometimes hereinafter collectively referred to as "Builders"), are the owners, respectively, of those certain Lots (herein
so-called) more particularly described on Exhibit "A" and Exhibit "B" attached hereto; WHEREAS, Builders are currently in the process of constructing two (2) residential homes (the "Projects")
on their respective Lots; WHEREAS, the Town has recently issued a "stop work" order (the "Order") dated January 9, 2002 concerning the Projects; WHEREAS, the Town and Builders have reached
a resolution of their disputes concerning the basis of the Order and desire to enter into this Agreement to set forth the terms of such resolution; NOW, THEREFORE, for and in consideration
of the premises, the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do
hereby agree as follows: 1. Effective January 29,2002, the Town has rescinded the Order. 2. Builders shall pay to the Town by cashier's check, simultaneously with the execution of this
Agreement, the sum of Three Thousand and Noll 00 Dollars ($3,000.00) to be used toward the cost of improvements to be undertaken by the Town with respect to the proposed Drainage Facilities
(herein so-called) more particularly described on Exhibit "C" attached hereto. 3. The Town agrees to undertake responsibility for the construction of such Drainage Facilities and to
commence and complete such construction as soon as reasonably possible. 4, Builders agree that their respective Lots shall comply with the Drainage Plans (herein so-called), more particularly
described on Exhibit "D" attached hereto. Builders further agree that they will perform the Work (herein so-called) described on Exhibit "E" attached hereto Addison -Lake Forest Drive
Agreement Showing Changes By Builders.DOC Last Revised: 02114102 1 
on the Lot described on Exhibit "F" (the "Milliken Lot") as soon as reasonably possible. The Town will work and cooperate with the Builders to obtain the consent of the owner of the
Milliken Lot to Builders' performance of the Work. However, the Builders shall have no obligation to perfonn the Work in the event that the owner of the Milliken Lot interferes with
the performance ofthe Work. S. The Town agrees that it, by and through its Building Official, shall take such appropriate enforcement action as the Building Official shallmay direct
(in the Building Official's discretion), as sahllte cause the owner of the lot described on Exhibit "G" (the Leightner Lot") to correct thesHrfaee water drainage problems on the Leightner
Lot as referenced in that certain Letter dated from to _____ 6. The Town acknowledges and agrees that upon Builders' (i) payment to the Town of Three Thousand and No/IOO Dollars) ($3,000.00)
as herein provided, (ii) compliance with the Drainage Plans, and (iii) performance of the Work, Builders shall have no further obligations, and the Town will impose on Builders no further
􀁲􀁥􀁱􀁵􀁩􀁲􀁥􀁭􀁥􀁮􀁴􀁳􀁾􀀠to make any additional improvements, spend any additional sums, and/or take additional action, with respect to drainage as it affects the Lots, the Milliken
Lot and the Leightner Lot. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 8. This Agreement shall
be construed under and in accordance with the laws of the State of Texas, and shall be performable in Dallas County, Texas. Venue under this Agreement shall lie in Dallas County, Texas
9. This Agreement may only be modified by writing signed by all of the parties hereto, and no waiver hereunder shall be effective unless in writing signed by the party to be charged
with such waiver. Addison -Lake Forest Drive Agreement Showing Changes By Builders.DOC Last Revised: 02/14/02 2 
IN WI1NESS WHEREOF, this Agreement has been executed and delivered by each of the parties as ofthe date first herein above written. TOWN OF ADDISON, a Texas municipal corporation By:
Name: 􀁾􀁾􀁾_____________________ Title: City Manager THE PRESTON GROUP DESIGNERS & BUILDERS, INC., a _____________.corporation By: Name: ___________________________ Title: PRESTON HOMES,
INC., a ____________.corporation By: Name: ___________________________ Title: Addison -Lake Forest Drive Agreement Showing Changes By Builders.DOC Last Revised: 02/14/02 3 
Addison -Lake Forest Drive Agreement Showing Changes By Builders.DOC Last Revised: 02114/02 4 
EXHIBIT "A" 5 Document #: 987285 
EXHIBIT "B" 6 Documenl N: 987285 
EXHIBIT "c" 7 Documenl fl.: 9S728S 
EXHIBIT "D" DRAINAGE PLANS 1. Drainage Plan dated prepared ___________for 14885 Lake Forest Drive, Addison, Texas. by 2. Drainage Plan dated , prepared ___________for 14901 Lake Forest
Drive, Addison, Texas. by 8 Document II: 9S72SS 
EXHIBIT "E" THE WORK Rake out graded areas and seed with Rye grass. Add erosion control matting where needed. Final seed once wall is completed. 9 
> ' BUlLDIl'\IG INSPECTION DEPARTMENT 16801 w.._. Drive P<n' OBie. Bo. 9010 AddilOD, T.... 75001-9010 January 7,2002 Christian D. Laettner 3325 Eagle Bluff Road Mound, MN 55364-8596
Dear Mr. Laettner: The Town ofAddison has received a complaint concerning drainage from your property located at 14805 Lake Forest Drive, Addison, Texas that is adversely impacting the
property adjacent to your property on the north. One ofthe drainage problems appears to be over-saturation of the soil on the north side of the home. This is due to either over irrigating
_or a leak, possibly from_the pool circulation equipment. The other is the concentrating ofruD-offthrough several pipes iifthe-fence. These problems have created a nuisance in violation
of Section 507 of the 2000 International Property Maintenance Code. You are hereby given thirty days to abate the nuisance. To appeal this decision you have twenty days to appeal to
the Addison BuildinglFire Code Board ofAppeals per Section Ill. The owner of the affected property is Jon Coleman. You may write him at The Preston Group, 2301 Ohio Suite 235, Plano,
Texas 75093, or call him at 214-924-9009 to resolve this issue. I have included those sections ofthe code mentioned above. Ifyou have any questions you may contact me at 972-450-2889.
Sincerely, AX0; j 􀀨􀀡􀁊􀁃􀁉􀁍􀁾-􀁖􀁌􀁾􀁤􀁬􀁥􀁲􀀠Building Official encl. 
ADMINISTRATION 110.3-111.8 110.3 Fallure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure
to be demolished and removed, either through an available public agency or by cOntract Or arrangement with private persons, and the cost of sueb demolition and removal shall be charged
against the'real estate upon which the structureis located and shall be alien upon sueb real estate. 􀀱􀀱􀀰􀀮􀁾Salvagemaierlals.When any structure has been ordered demolished and removed,
the goveroing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the , highest price obtainable.
The net proceeds of such sale, after deducting the expenses of sucb demolition and removal, shall be promptly remitted with a report ofsucli sale or transaction, including the items
ofexpense and the amounts deducted, for the person who is entitled thereto, subject to any order of a ' court.Ifsueb asurplus does notremaio to be turned over, the report sball so state.
, SECnON,111, MEANS OF APPEAL I 􀁾􀀱􀀱􀀮􀁬􀀠ApplicationCor appeal. Any person directly I!ffected by adecision of the code official or anotice or order issued under this code shall have
the right to appeal to the board ofappeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application
for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions ofthis code do not fully
apply, or the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship. 111.2 Membership
of board. The board ofappeals shall 'conI sist of a minimum ofthreemembeES who are qualified by experience'and training tu pass on matters pertaining to property maiolenance and who
are not employees of the jurisdiction. ' The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be apI pointed bY the
chi"! appointing authority, an4 shall serve 􀁳􀁴􀁡􀁧􀁾, gored aad overlapping teEmS. ' , ' -",111.2.1 Alternate members. The chief appointing authority sball appoinl tWI) or more alternate
members who shall be called by the board chainman to hear appeals during the absenceordisqualification ofamember. Altemate members shall possess the qualifications required for board
membership. lli.2.2 ChaIrman. The board shall annually select one of its members to serve as chainman. 111.2.3 DIsqualification of member. A member sball not hear an appeal in which
that member has a personal. profes:sional or 􀁾interest 111.2,4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The
secretary shall file a detailed record of all pr0ceedings in the office of the chief adminisfrative officer. 2000 INTERNATIONAl. PROPERTY MAINTENANCE CODEe . ''''' .. 111.2.5 Compensation
of members. Compensation "Of members shall be determined by law. ' 111.3 Notice of meeting. The board sball mect upon notice from the chairman, within 20 days of the filing ofan appeal,
or • , at stated periodic meetings. ' 111.4 Open hearing. All hearings before the board sball be open tu the public. The appellant, the appellant's representative, the code official
aad any person whose interests are affected shall be giveIi an opportunity 10 be heard. A quorum shall consist of not less than two-thirds of the board member-Ship. ' 111.4.1 Procedure.
The board shall adopt and make avaUable to the public through the secretary prqcedures under which a hearing will be conducted. The procedures shall not require compliance with strict
rules of evidence, but' shall mandate that only relevant information be received. 111.5Postponedhearing.When the full board is not presentto hear an appeal, either the appellant or the
appellant's representative shall have the righttorequest a postponement of the hear-' ing. " " 111.6 Board dedslon. The board shall modifY or reverse the . decision of the code official
only by a concurring vote ofa majority of the total number ofappointed board members. " 11L6.1 Records and copies. The decision of the board 'sball be recorded. Copies shall be furnished
to the appellant , and to the code official. ' 111.6.2Administration. The code official sball takeimmedinte action in accGrdance with ihe decision"of the board. 111.7 Court 􀁾􀁥􀁗􀀮Any
person, whether 􀁯􀁾􀀠not a previous party ofthe appeal, sball have the right to apply to the appropriate courtfor a writ of certiorari to correcterrors oflaw. Application for review
shall be made in the manner aad time required by law following the filing of the decision in the office of the chief administrative officer. ' l11.8 Stays of, enforcement. Appeals of
notice and orders (other than Imrilinent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. '. 6 
c Sec. 18-121. Generally. The ,International Property'Maintenance Code, as:adopted( in this article," is hereby,modified by deletions, amendments and additions provided in this division.
Sec. 18-122. Application of other codes. The International Property Maintenance Code is amended by changing the last sentence in subsection 102.3 to read as follows: "Nothing. in this
code shall be construed to cancel, modify or set aside provisions of the Addison Zoning Ordinance." Sec. 18-123. Violation penalties. The International Property Maintenance Code is amended
by changing subsection 106.4 to read as follows; No' person, firm or corporation,' whether as owner,( lessee, sub-lessee or occupant,' shall erect, construct, enlarge, alter, repair,
move, improve, remove,_" demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions
of this code or any order issued by the building official hereunder. Any person, firm or corporation violating the provisions of this section shall be subject to a fine, upon conviction
in the municipal ,court, in a sum not to exceed $500.00, and each 'and every day of continuance thereof shall constitute a distinct and separate offense.( Sec. 18-124 . ',' Membership
of board. The International Property Maintenance Code is amended by changing subsection 111.2 to read as follows: 111.2. General. There is hereby created a board of appeals, consisting
of three (3) members and two (2) alternates appointed by the city council. The building official shall be an ex officio member and shall act as OFFICE OF THE CITY SECRETARY ORDINANCE
NO. c 
ij05.3 -507.1 PLUMBING FAClLmES AND FIXTURE REQUIREMENTS 􀀮􀁾.. breaker or im approved permanently attached hose conneCtion . vacuum breaker. 505.3 Supply. The water supply system shall
be installed and maintained to provide a supply of water to 􀁰􀁬􀁵􀁭􀁾􀁩􀁮􀁧􀁦􀁩􀁸􀁴􀁯􀁲􀁥􀁳􀀬􀀠devices and appurtenances in sufficient volume and at pressures adequate to enable the
fixtores· to function properly, safely. and free from defects and leaks. 505,4 Water heating facilitieS. Water heating facilities sl)a11 be properly installed, maintained and capable
ofproviding an adequate amount of water to be drawn al every required sink, 1avatory, bathtub, shower and laundry facility at a 􀁴􀁥􀁭􀁰􀁥􀁲􀁡􀁾􀀠ofnotIess than 120"F(49"C). A gas-burning
water heater shall not be located in any bathroom, toilet room, bedroom or other Joccupied room normally kept closed , unless adequatecombuslion airis provided. An approved comj)ination
temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaterS. ••I_ ,..,......e_ SECTION 606 . SANITARY DRAINAGE .SYSTEI\II
500.1 General. All plumbing fixtores shall be properly connected toeither a public sewer system or to an approved private sewage disposal system . . 506.2 Malntewuice. Every plumbing
stack, Vent,Wasle and . sewer line shall function properly and be kept free from obsllUctions. leaks and defects. , . . • 507.1 General. Drainage ofroofs and paved areas, yards and courts,
and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. 􀁊􀁾, I ••_ ...........n ......... ...-, •••t ..􀁾􀁴􀀠 
ft. tQthe .gLACE 􀁾􀁆􀀠􀁂􀁅􀁴􀀻􀀺􀁴􀁾􀁉􀁎􀁱􀀻􀀬􀁾􀁨􀁤􀀮􂂬􀁾􀁨􀁴􀁡􀀮􀁲􀁦􀁩􀁩􀁐􀀹􀀶􀀰􀀺􀀭􀀱􀁉􀁾􀀺􀁓􀀹􀁾􀁾􀀻􀀻􀀠􀀻􀀺􀁥􀁾􀀢􀀧􀀻􀀠􀁯􀁦􀀺􀁴􀁡􀁾􀁾􀀬􀀠. . , 􀀻􀁾􀀻􀁾􀀬􀁪􀀬􀁾􀀥􀁬􀀺􀁰􀁡􀁬􀁂􀁾􀁉􀁾􀁾􀀨􀀩􀁒􀁅􀀬􀀠
KN;oW.I'.r:L 􀁴􀁾􀁾·BYTHFJ$E.. 􀁐􀁾􀀺􀀿􀁅􀁎􀁔􀁓􀀺􀀠'. ,<,:,. "." 􀁾􀀮􀀠􀀺􀁜􀁾􀁾􀁨􀀧􀁅􀁾􀀻􀀺􀀺􀀮􀀬􀀬􀀬􀁡􀀻􀁳􀁥􀁮􀁩􀁥􀁬􀀧􀁩􀁴􀀮􀁳􀀺􀀧􀂷􀀠sh9Wll on thi.s hfireby. r'eserved ·ior 􀁴􀁨􀁁􀁾􀁾􀁲􀁰􀁏􀀡􀀧􀁬􀁁
􀁌􀁡􀁳􀀠􀁩􀁑􀀮􀁤􀁩􀁤􀁾􀀠not limited to', tallatidn intenar,ce of 􀁗􀀱􀁩􀁉􀁴􀁥􀁲􀁾􀀧􀀠sanit 􀁳􀁾􀁯􀁲􀀺􀁭􀀠􀁳􀁾􀁷􀁰􀀮􀁲􀀠(dpi\iriag.e., .electriq . and \;:ilb1.e tereVisil:)n.: Or,; .the
'fight to .\i:se·howevei;that itt <aoes not interfere '.'·servicesto:... · 􀁳􀁾􀂷􀁾􀂷􀀠S use and 􀁡􀁾􀀺􀁾􀀺􀀺􀀺􀁾􀀬􀁾􀁦􀁩􀁾􀀺􀁾􀀠Clf.": of 1n9'" 􀁡􀀻􀁬􀁾􀁾􀁣􀁳􀀻􀁩􀁾􀁴􀁾􀁴􀁾􀁾􀁾􀁾􀁭􀁥􀁉􀁬􀁴􀀮􀁳􀀠f􀁾�
�􀀺􀁡􀁾􀀠(. '''. 
BY: of CARL 􀁒􀀢􀀺􀁾􀁐􀀺􀁌􀁴􀁉􀁋􀁅􀁎􀀠􀁓􀁔􀁾􀁾􀁅􀀠􀁏􀁆􀁔􀁾􀁬􀁃􀁁􀁓􀀺􀀧􀀠COUNTY OF DALLAS: ',' wi'll'NESS;' niy,hand at , , :)' ,Texas, 􀁴􀁨􀀺􀁩􀁾􀁴􀁨􀀼􀀻􀀺􀀬􀁾􀀧􀁾􀁜􀁾􀀨􀁣􀀮􀀢􀀬􀀮􀁾􀁻􀀭􀀬􀀭􀀭􀁾􀀭􀀢􀀠
􀁱􀁾􀁘􀀬􀁑􀁾􀀠•• ! ..•. • ,!" , .•',􀀬􀀬􀀭􀀭􀁾􀁾􀀮􀀠􀀱􀀹􀀹􀀱􀁾􀀬􀀠,,' ,,' , ' 
<, 􀁾􀀠􀀢􀀬􀀠, , , . ". /"'" ,􀀭􀁾􀀭􀀭􀀭" , • I SCALE; 􀀱􀁾􀀴􀀰􀀠"', "i' DAlE :2-14-91 ;th,); J 08 ,NO. ' 􀀳􀀳􀀬􀀵􀀷􀀹􀀮􀁾􀀬􀁪􀀬􀀬􀁾􀁦􀀠, 􀀧􀀭􀀢􀁾􀀠􀀮􀁾.. 􀁾􀁾􀀺􀁾􀁩􀀺􀀠􀀧􀁾􀀺􀁩􀀻􀀻􀀧􀀾􀀧􀀠,
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