HomeMy WebLinkAboutEmail correspondence from Kris Nikolauson regarding a claim forSweeney, Kathleen
From: Kris Nikolauson [santakrisnik@yahoo.com]
Sent: Wednesday, August 07, 2013 9:28 AM
To: BOS District 4; Kirk, Maureen; Wahl, Larry; Connelly, Bill; Teeter, Doug; Sweeney, Kathleen;
Hahn, Paul
Subject: Comrr~unication with County Counsel
Dear Sirs,
Sorry for the delayed
communication. Below is a letter
sent to County Counsel to correct the
modality of his proceedings from
one of legal technicalities to a simple
natural justice. It is my wish to settle
this matter as soon as possible.
Sincerely, Kris
Nikolauson
Kris Nikolauson_....
.Y .~ 1
~ .
14988 Nimshew road
Magalia, CA 95954
Dear Bruce Alpert,
July 29.2013
COUNTY COUNSEL
Thank you for your legal
opinion. But, I'm afraid the legality
of the issue is not in question at this
time. As hard as it maybe to
understand, given your occupation as
a lawyer. This is purely an
z
administrative and a moral issue and
if you are equipped to discuss this
matter on that basis we can work
together. Otherwise you can direct
me to someone in your office who
can or maybe the person who
directed your response to not
consider the moral and ethical
obligation of the county to
compensate me for the benefits it has
acquired. While I can see the
Supervisors rely heavily on your
legal opinion, they too missed the
moral and ethical obligation. As far
as the factual basis of my claim, it is
very simple.
gained appro
The County of Butte
ximately $100,000.00
worth of work and materials and paid
nothing for it. You have also forgot
to address my second right of
grievance which was the return of 26
feet of the deeded access along
Nimshew road. It is my wish to settle
this matter in a mutually beneficial
way for all parties. I do believe it can
be a win win for all
Respectfully,
Kris Nikolauson
4
OFFICE OF COUNTY COUNSEL
COUNTY OF BUTTE
25 COUNTY CENTER DRIVE, SUITE 21fl
OROVII.LE, CALIFORNIA 95955-3380
PHONE (530) 538-7621
FA3C (530) 538-6891
BRUCE S. ALPERT
COUNTY COUNSEL
July 11, 2013
Mr. Kris Nikolauson
14988 Nimshew Road
Magalia, CA 95854
Re: Claim for damages/establishment of trust
ASSISTANT COUNTY COUNSEL
ELIZABETH McGLE
CHIEF DEPUTY COUNTY COUNSEL
BRAD J. STEPHENS
FEIaIX WANNENMACHER
KATHLEEI+i KEHOE GREESON
This letter is being sent in response to your request to the Butte County Board of
Supervisors to compensate you in some manner for work performed at the
above-referenced real property which you allege is chargeable to Butte County.
The review of the facts by Butte County staff does not support your
claim/request. The relevant facts are as follows:
1. In a letter dated June 1S, 1995, you made a claim for work you
pertormed at the above-referenced real property in the sum of $26,56Q
for 960 yards of dirt, 170 steel posts and 7,000 board feet of wood,
labor for fence construction and removal, and bad faith aggravation
etc.
2. Butte County rejected the claim on July 25, 1995.
3. On January 24, 1998, you filed a complaint in the Butte County
Superior Court, Case no. '1'19377, against Butte County, Mike Crump,
Ceci[ Foote, Gordon Thomas et al. for damages as set forth above.
4. Butte County defended the claim and the case was dismissed in its
entirety with pretudice on June 18, 1997.
5. However, on June 3, 1997, Butte County did enter into a License
Agreement with you allowing you to pertorm certain work in the County
right-of way on Nimshew Road consisting of the construction and
maintenance of a fence and sidewalk along a 1600 foot section of the
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right-of-rrvay in accordance with plans attached to the License
Agreement. You, as the Licensee assumed all cost and maintenance
of the work performed and all liability associated therewith.
6. Presently, you are in a dispute with the Butte County Department of
Development Services, Building Division over alleged code violations
an your real property. These alleged code violations seem to be
unconnected to the work you performed in the right-of-way.
Simply stated, there is no legal or factual basis for fihe Board of Supervisors to
take any action on your renewed claim or to agendize the matter for formal
discussion during a Board meeting.
BRUCE ERT
Butte ounty ounsel
PAUL HA~N
Chief Administrative OfFcer
Cc: Board of Supervisors
Mike Crump, Public Works Director
Tim Spellings, Development Services Director
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