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situation. Previously, Mr. Wickersham had told Mr. Wells that
the OCPND was pressuring him to sell the Peveto and that the
OCPND had indicated that it wanted to condemn the Peveto. Mr.
Wells researched the matter and informed Mr. Wickersham that he
needed a letter from the OCPND memorializing a threat of
condemnation. Mr. Wells advised Mr. Wickersham not to close on
the Peveto until the OCPND gave him a letter memorializing the
threat of condemnation.
The Events Surrounding August 22, 1989
On or around August 22, 1989, Mr. Wickersham went to the
office of the OCPND board's attorney (Mr. Dies) with a draft
letter prepared by Mr. Wells threatening condemnation of the
Peveto (the draft letter). At this time, Mr. Wickersham informed
Mr. Dies that Mr. Wells would call Mr. Dies regarding the draft
letter.
On August 22, 1989, Mr. Wells called Mr. Dies and told Mr.
Dies that Mr. Wickersham was entitled to a letter threatening
condemnation. Furthermore, Mr. Wells and Mr. Wickersham wanted
Mr. Dies, on behalf of the OCPND, to sign the draft letter. Mr.
Dies told Mr. Wells that he did not think the draft letter was
appropriate because he did not remember the OCPND's discussing
condemnation of the Peveto. Mr. Wells' position was that his
client had been threatened with condemnation by Mr. Frederick
during the discussions Mr. Frederick had with Mr. Wickersham.
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