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HomeMy WebLinkAboutPLN2008-00140 LETTERS FROM LEGAL.TIFCatawba County Legal Department '� Debra Re,hml, County Attorney, DRC C,rbfi,d Medutor- Sup,uror Court Anne Mamie Peas,, Depnry County Aaomey Can Burta, Noah Camhna Certified Paralegal May 13, 2008 Richard S. Wright, Attorney James, McElroy and Diehl, P.A. 600 South College Street Charlotte, North Carolina 28202 Re: Plan Case No. PLN2008 -00140 Project Name: Lake Norman RV Resort Owner: JWSJRD, LLC Dear Mr. Wright, I am in receipt of your letter to Rick Bowman dated April 21, 2008. While I understand your concern, records such as these submitted to the county become public records pursuant to N.C.G.S. Chapter 132. Absent a court order, it would be illegal for the county to either destroy or remove the plans and drawings from our files. However, I will include a copy of your letter in any of our files related to Lake Norman RV Resort project. Please feel free to call me if you have any questions or wish to discuss this further. Sincerely, + r Anne Marie Pease Deputy County Attorney Post Otfio, Box 389 100 -A South West Boulevard Newton, North Cao,h a 38658 Telephone: (828) 465 -8483 Fax: (828) 465-8465 y Catawba County Legal Department D6,, 8,6,d, County Aaomey, DRC C,Nfi,d Mediam - S.pe,,.v Co.. �t Anne Mud, Pease, Deputy County Aaomey Cad Bums, Nosh Camlmu Cotd,,d Paed,gal May 13, 2008 Richard S. Wright, Attorney James, McElroy and Diehl, P.A. 600 South College Street Charlotte, North Carolina 28202 Re: Plan Case No. PLN2008 -00140 Project Name: Lake Norman RV Resort Owner: JWSJRD, LLC Dear Mr. Wright, I am in receipt of your letter to Rick Bowman dated April 21, 2008. While I understand your concern, records such as these submitted to the county become public records pursuant to N.C.G.S. Chapter 132. Absent a court order, it would be illegal for the county to either destroy or remove the plans and drawings from our files. However, I will include a copy of your letter in any of our files related to Lake Norman RV Resort project. Please feel free to call me if you have any questions or wish to discuss this further. Sincerely, i' Anne Marie Pease Deputy County Attorney Posl Othcc Box 389 100 -A South West Boulevard Newton, North Carolina'28658 Telephone: (828) 465 -8483 Fax: (828) 465-8465 April 21, 2008 Catawba County Building Services Department Attn: Rick Bowman P. O. Box 389 Newton, NC 28658 RE: Plan Case No. PLN2008 -00140 Project Name: Lake Norman R VResort Owner: JWSJRD, LLC Dear Mr. Bowman: CR Daunt Harry James, At Mary wr Barmal B Frererc Williams PMllp F Hmmirmn, Jo nECE[ WE Il uu � n j � �u ► APO 2 22008 0 BUILDING SERVICES This firm represents RDM Architecture, P.A. ( "RDM "). RDM was formerly employed as the architect for the above - referenced project. However, certain disputes arose between the project owner and RDM, which resulted in a termination of their contract. The parties executed a Settlement Agreement and Release effective January 31, 2008 that formally ended their association. More recently, I am informed that the owner submitted architectural, mechanical /plumbing, and electrical drawings bearing RDM's seals and/or identifying borders. More particularly, drawings related to a `Bath House," "Existing Building Remodel" and a "Gatehouse" were apparently provided to your office in February and March of 2008. Understandably, my client is concerned that the submission of these drawings, bearing its seals and/or borders, may lead the Catawba County Building Services Department to incorrectly assume that RDM still serves as the project architect and/or played a role in preparing these submissions. The purpose of this letter is to unequivocally inform the Catawba County Building Services Department that RDM was not involved in the preparation of these 2008 submissions and does not serve as the architect/designer for this project. Thus, RDM has no responsibility for, or involvement with, any plans, drawings, schematics, blueprints or similar drawings and designs submitted to you in connection with the same. I request that you modify your records to reflect RDM's lack of involvement in this project, and that any plans or related drawings submitted to your office bearing RDM's seals, name, or borders be destroyed. 2189992_1 JAMES J. MTAAA Aaermen' Rltnam B. Formal' (ran 9. Mpa. JMD MeE LROY Dhanene Fmvel ANlea' JAhI E, Gardrer Toronto o, od nIII Catheds, A, Bames Gary S. Remtic FreEp PaMerI & D I E H L, PA. John W Real Warsaw W HaWYD Anam L, Ross ATTORNEYS AT LAW NATO M. Bran, Enxxn I Hlrson, 1, Rpaerl RL Sheppard Jc R. Bunn M Hadtenne S. Holds, Bruce M, S anon Jon V Gmroll David M. most Chahor M. Yser 600 South Collaga Street Chariots, North Camlme 28202 I P, Dads Irene P. may M. "a Warren Wiliam K Cash, Jo G. Rassell Nomegry, III Memoir S. MI 104-3] 2 0870180624]8870 RkmamX EIdmr Jeltay A. Long' Fax 7C 333,5505 Jonathan D. Ref Perper R. McElroy 'Alam afmltom is S.C. WANNO'dim,,com April 21, 2008 Catawba County Building Services Department Attn: Rick Bowman P. O. Box 389 Newton, NC 28658 RE: Plan Case No. PLN2008 -00140 Project Name: Lake Norman R VResort Owner: JWSJRD, LLC Dear Mr. Bowman: CR Daunt Harry James, At Mary wr Barmal B Frererc Williams PMllp F Hmmirmn, Jo nECE[ WE Il uu � n j � �u ► APO 2 22008 0 BUILDING SERVICES This firm represents RDM Architecture, P.A. ( "RDM "). RDM was formerly employed as the architect for the above - referenced project. However, certain disputes arose between the project owner and RDM, which resulted in a termination of their contract. The parties executed a Settlement Agreement and Release effective January 31, 2008 that formally ended their association. More recently, I am informed that the owner submitted architectural, mechanical /plumbing, and electrical drawings bearing RDM's seals and/or identifying borders. More particularly, drawings related to a `Bath House," "Existing Building Remodel" and a "Gatehouse" were apparently provided to your office in February and March of 2008. Understandably, my client is concerned that the submission of these drawings, bearing its seals and/or borders, may lead the Catawba County Building Services Department to incorrectly assume that RDM still serves as the project architect and/or played a role in preparing these submissions. The purpose of this letter is to unequivocally inform the Catawba County Building Services Department that RDM was not involved in the preparation of these 2008 submissions and does not serve as the architect/designer for this project. Thus, RDM has no responsibility for, or involvement with, any plans, drawings, schematics, blueprints or similar drawings and designs submitted to you in connection with the same. I request that you modify your records to reflect RDM's lack of involvement in this project, and that any plans or related drawings submitted to your office bearing RDM's seals, name, or borders be destroyed. 2189992_1 Please provide written confirmation that your records have been updated as requested herein as soon as possible, and feel free to contact me should you require any additional information. Sincerely, Richaz . Wrig RS W /cdh cc: RDM Architecture, P.A. James W. Surane Caviness Lambert Engineering