Free Affidavit - District Court of Federal Claims - federal

Case 1:05-cv-01179-MBH

Document 23

Filed 09/25/2006

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13

Laurence F. Padway, Calif. Bar # 83914 Law Offices of Laurence F. Padway 1516 Oak Street, Suite 109 Alameda, California 94501 Telephone: (510)814-6100 Facsimile : (510)814-0650 Attorneys for Plaintiffs RITA MOHLEN and RICHARD SKRINDE

UNITED STATES COURT OF CLAIMS

RITA MOHLEN and , RICHARD SKRINDE Plaintiffs, vs. UNITED STATES OF AMERICA,

Case No. 05-1179L

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Declaration of Laurence F. Padway

Defendants. ______________________________/

I, Laurence F. Padway, hereby declare under penalty of perjury that:

1. I am the attorney for plaintiffs in the above matter.

2. Attached as Exhibit 1 is a true and correct copy of the Community Meeting Minutes of March 3, 2005 hosted by the U.S. Army Corps of Engineers and the City of Alameda. I was personally present at the meeting described in the exhibit. The minutes were prepared by the USACE, and while the minutes are not 100% complete, they accurately reflect the matters which are set forth in the minutes.

1

Case 1:05-cv-01179-MBH

Document 23

Filed 09/25/2006

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3. I attach as exhibit 2 a letter from the Army dated March 3, 2005.

4. I attach as exhibit 3 a letter from Gregory McFann concerning the property in issue dated August 2, 2005.

5. I made a request under the Freedom of Information Act for all USACE permits for structures abutting Marina Drive in Alameda, California. Only one residential property, other than that owned by Ms. Mohlen and Mr. Skrinde, had a permit.

Executed this 25th day of September, 2006, at Alameda, California.

/s/________________________ Laurence F. Padway Attorney for Plaintiffs

Declaration of Laurence F. Padway

2

Case 1:05-cv-01179-MBH

Document 23

Filed 09/25/2006

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EXHIBIT A 24 25 26 27 28
Declaration of Laurence F. Padway