HomeMy WebLinkAbout790503.tiff BEFORE THE WATER QUALITY CONTROL COMMISSION
OF THE STATE OF COLORADO
In the matter of the ) MOTION TO STAY FINAL ORDER
) OR DETERMINATION PENDING
Proposed City of Northglenn ) CONSIDERATION OF MOTION TO
Sewage Treatment Works to be ) RESCIND APPROVAL , FOR
located in Weld County, ) RECONSIDERATION, AND FOR
Colorado ) APPEAL OF DECISION
COME NOW the Town of Frederick , the City of Ft . Lupton,
the Weisner Subdivision Preservation Association, and the
Board of County Commissioners of Weld County, Colorado and
move for a stay of the decision entered orally by the Water
Quality Control Commission approving the City of Northglenn ' s
plans and specifications for the construction of a sewage
treatment plant in Weld County , Colorado , and recommending
to the United States Environmental Protection Agency that a
construction grant be awarded to the proposed facility.
These movants request that any final order or determina-
tion of the Commission be stayed during the period of consi-
deration of the Motion to Rescind Approval , for Reconsidera-
tion, and for Appeal of Decision.
AS GROUNDS THEREFOR, these movants cite the following
authorities :
1 . Section 25-8-404 (2) provides that the thirty (30)
day period for seeking judicial review of any
final order or determination of the Commission
shall be stayed while any application for a
hearing, rehearing , or reconsideration is pending .
2 . A Stay pending consideration of the Motion to
Rescind Approval , for Reconsideration for Adjudi-
catory Hearing , and for Appeal of Decision would
preserve movants ' right to judicial review of
agency action pursuant to the Colorado Administra-
tive Procedure Act , Section 24-4-106 , CRS 1973 ,
-1-
790503
M
the Water Quality Control Act , Section 25- 8-404 ,
CRS 1973 , and the Due Process clause of the
Colorado Constitution, Article II , Section 25 .
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
By:
LEE D. MORRISON #8067
Assistant County Attorney
915 10th Street
Greeley, Colorado 80631
(303) 356-4000 ext . 369
THE TOWN OF FREDERICK, COLORADO ;
TFIE CITY OF FT . LUPTON, COLORADO ;
THE WEISNER SUBDIVISION PRESERVA-
TION ASSOCIATION
By:
FRANCIS K. CULKIN #2969
Attorney at Law
720 South Colorado Blvd.
Denver, Colorado 80222
(303) 759- 3495
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct
copy of the above and foregoing MOTION TO STAY FINAL ORDER
OR DETERMINATION PENDING CONSIDERATION OF MOTION TO RESCIND
APPROVAL, FOR RECONSIDERATION, AND FOR APPEAL OF DECISION ,
was placed in the U. S . mail , postage prepaid to :
John D. Musick , Jr .
Musick, Williamson , Schwartz ,
Leavenworth $ Cope , P. C .
Attorney at Law
75 Manhattan Drive - Suite 1
P. O. Box 4579
Boulder, Colorado 80360
Sharon Metcalf
Assistant Attorney General
1575 Sherman Street
Denver, Colorado 80203
DATED this day of July, 1979 .
-2-
Hello