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George Jcimrich <br />1 <br />Condenselt Pepo-Squish <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />lU <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />IV <br />2U <br />21 <br />22 <br />23 <br />24 <br />25 <br />Page 41 <br />I am going to sliow you a document that has <br />been marked deposition Exhibit 37. These are minutes of the <br />Board of Trustees of Woodhill Country Club, June 30, 1977. <br />1 am going to ask you to read the first sentence. I will <br />read it into the record so we know what we are talking <br />about. <br />"The president also reported that David Crosby <br />(who could not be present), and others have urged that the <br />back entrance road from Orono Orchard be reopened." <br />Do you see that portion that 1 read? <br />A. Yes. <br />Q. Was it your understanding that prior to 1977 <br />there was a period of time when the back entrance road from <br />Orono Orchard had been closed? <br />MR. MCCARTHY: Same objection as to <br />the use of this document as to the previous. The witness <br />didn't author it, didn't attend the meeting. <br />MR. GREENE I am not asking him about <br />this document I think my question can stand on its own. <br />MR, McCAR i HY That IS part of the <br />objection I have, showing a document and asking a question <br />that IS not based on the document. <br />MR. GREENE: Ttus is the document I am <br />asking this witness who is responsible for maintaining the <br />roads whether there was a period of time in his mind where <br />Page 42 <br />1 the roads had been closed prior to June 30.1977. That's <br />2 all 1 need to know, so the record is clear. <br />3 MR MCCARTHY I objcct as to vague. He <br />4 indicuiod at uines lhai gale was locked. By closed, do you <br />5 mean whether the inembos had keys or not? <br />6 MR GREENE, t Can ask him all of those <br />7 questions <br />8 MR. MCCARTHY aU right. <br />9 A. Could you rephrase your questioo again? <br />10 Q. Sure <br />11 BY MR GREENE <br />1 2 Q Was then; any penod of lime prior lo June 30. <br />1 3 1 977. whoe ihe Board of Trusioes had communicated to you <br />1 4 the fact of their dtieciion that the back entrance road from <br />1 5 Orono Orchard must be closed? <br />16 A. I can't really recall. 1 can't recall. That <br />17 IS a long lime ago As far as I know, it was most of the <br />18 time It was open for traffic lo go through the pte. I <br />19 can't recall It ever being closed. 1 am sure they didn't <br />20 want people to go through it on a regular basis. <br />21 Q. Let's go back to the period of time between <br />22 1978 and 1979. <br />23 Were you familiar with a dispute lhai arose <br />24 bctvreen Mr. Momc Wagnv. who lived off of Woodhill Avenue. <br />25 by off of Woodhill Avenue. 1 ihink his addicu is a Woodhill <br />Page 43 <br />1 Avenue address, and the club concerning traffic to and from <br />2 the club on Woodhill Avenue? <br />3 A. Yes. <br />4 Q. What do 'you know about that incident or that <br />5 series of disputes? <br />6 A. I know ** I believe Morrie wrote at that time <br />7 a letter to the club. I am not sure. But, Morhe used to <br />8 talk to us all of the time and we were *- myself and my <br />9 assistant, Rick, we were friends with Morrie, and Monie <br />10 wanted to. I believe he wanted the road closed. That's why <br />11 it was never used very often at that time, so we didn't <br />12 offend Morrie or anybody. That's kind of all I recall. <br />13 1 don't know. I heard he may have wrote a letter to the <br />14 Board of Directors to have the road closed. <br />15 Q. Was there a period of time in 1978 and 1979 <br />16 where there was more traffic than was typical over Woodhill <br />17 Avenue to and from the club? <br />18 A. I can't recall that. <br />19 Q. bo, you don't recall whether Mr. Wagner <br />20 was protecting a change in conditions in 1978 and 1979, <br />21 reflecting his perception that traffic to and from the <br />22 club over Woodhill Avenue was more intense or frequent <br />23 than it had been earlier in the 1970's? <br />24 A. I don't believe so. <br />25 Q. You don't believe so? <br />Page 44 <br />1 A. I don't believe he was prottiing the increase <br />2 in traffic. I guess what I am testifying, I don't think <br />3 there was an increase in traffic. <br />4 Q. Again. I would like to know in your own words, <br />5 bow much traffic came m through that back road during a <br />6 typical day in the 1970‘s? You mentioned bringing vehicles <br />7 u> be serviced in Long Lake? Is that where you went? <br />8 A. WeU. in the early sevenlies. I know for sure <br />9 we had employees coming in throu^ that pie that lived over <br />10 in the area, and they ucre Frank VoigbL the tennis pro. <br />1 1 Kip Eisener: Ed Clampy (phonetic): and soenetiincs it was <br />12 Rick Engman that would come through that pie on a daily <br />13 basis. Besides that, a few memben would use it but just <br />14 a few. It wasn't many. It probably wasn't ow ** it was <br />15 probably less than ten cars coming ihrougb there a day. <br />16 Q. So. almost all of the iraffic coming to and <br />17 from the club used the Woodhill Road access point? <br />18 A. Instead of Woodhill Avenue, right <br />19 Q. And that was the case ifarougbout the 1970's? <br />20 A. Yes. <br />21 Q. In 1980, in the period just a few years beyond <br />22 1980, did you construct a berm, a thiee*foot high benn <br />23 across the Woodhill Avoiue driveway within Ihe club's <br />24 property? <br />25 A. This is before 19807 <br />Kirby A. Kennedy A Associates (612) 922-19SS 8ge 41 - 8ge 44