HomeMy WebLinkAbout750505.tiff au,nmov in CIvLI Action- �r./1 St
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;' , 1 IN THE.... I)ISTRIc'c _ ... .. COURT. ,
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I I STATE OF COLORADO, ) I,I
County of . ...
:7e Ed )ss. DIV....... . I
CIVIL ACTION No I
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J . L. JOHNSON, individually and
as Chairman of the Weld County I
i1 Charter Commission , lI
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PLAINTIFF :I
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GLENN K. UILLINGS , ROY P IOSER and
VICTOR J2\CCODUCCI , Weld County cT SUMMONS
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Commissioners , and WELD COUNTY SUMMON VS �,d
COLORADO , II
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DEFENDANTS i
THE PEOPLE OF THE STATE OF COLORADO,
TO THE DEFENDANT 5 . ABOVE NAMED-GREETING: I
You are hereby summoned and required to file with the Clerk an answer to the complaint within 20
days after service of this summons upon you. If you fail so to do, judgment by def lull will he taken against
you for the relief demanded in the complaint.
If service upon you is made outside the State of Colorado,or by publicatin, or if a copy of the com-
plaint be not served upon you with this summons, you are required to Me your answer to the complaint I'
within 30 days after service of this summons upon you. i I
This is an action* I I
As more fully set forth in the Complaint attachea
hereto and :wade a part hereof by reference. I'
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Dated August 14 13 75
WEST & WINTERS I
.. ....._ Mary._M... ..Connell By / .. -, iI
CLERK OF SAID COURT. ATTORNEY FOR PLAINTIFF.
1000 Tenth Street , #201 ,
By Greeley , CO 80631 ;/ I
DEPUTY CLERK. ADDRESS OF ATTORNEY.
PIT : 352-4805 I
(SEAL OF COURT)
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NOTE.—This summons is issued pursuant to Rule 4, Colorado Rules Civil
Procedure.
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Warning: If this summons does not contain the docket number of the civil action, then j
the complaint may not now be on file with the clerk of the court. The complaint must be filed I
within ten clays after the summons is served, or the action may be dismissed without notice '
upon your proper request to the court. Information from the court concerning this civil action I
may not be available until ten days after the summons is served.
Note — This summons is issued pursuant to Rule 4, Colorado Rules Civil Procedure.
mono is published or thout a copy of the complaint,after the word "action"state the relief demanded.
is sought the mm must sta "founded upon tort."
750505 I
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IN Tlii' r`i•`'TRICT COURT IN AND FOR T!
COUNTY OF WELD AND STATE or COLORADO
J. L. JOHNSON , individually and )
as Chairman of the Weld County )
(. .crt' !' r. .i : . we i;, )
PleintIff
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v n. ) ORDER
) FOR MIMING
• GLEAN K. BILLINGS , ROY f:OSI R and )
VICTOR JACCOEUCCI, Weld county ) •
Cor it ioner:i , ark.: ''1 1 C)jiT3`FY , )
COLORADO, )
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This matter coning on ex parte for a request . or immediate
hearing on the Complaint filed herein, and the Cou2t,
that due cause exists for an immediate hearing, se:s this r(Ltter •
for hearing on I.onday, .'august 10, 1975 at the hour of ?/9 •m•
none in Open Court this 14th day of August, 1 )75 . • '
BY THE COURT s •
A te.�c _CGQy�i.. •
nistrict Jr igc
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
J. L. JOHNSON, individually and )
as Chairman of the Weld County )
Charter Commission, )
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Plaintiff )
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vs . ) COMPLAINT FOR A RESTRAINING
ORDER AND INJUNCTIVE RELIEF
GLENN K. BILLINGS, ROY MOSER and )
VICTOR JACCOBUCCI, Weld County )
Commissioners, and WELD COUNTY, )
COLORADO, )
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Defendants. )
COMES NOW the plaintiff..by his attorney, William L. West and
'petitions the Court for a restraining order and a mandatory injunction
and as grounds therefore states as ,follows,
1. At the general election in November, 1974, the voters of
Weld County elected a Home Rule Charter Commission pursuant to
C.R.S. 1963 30-11-501 et seq, as amended.
2 . The Home Rule Charter Commission met first on November 20,
1974, and on Juno 26, 1975 finally adopted a proposed Homo Rule
Charter for Weld County.
3 . At a public presentation on July 2, 1975, the Chairman of
the Charter Commission, J.L. "Bud" Johnson presented three zeroz
copies of the proposed Home Rule Charter to the Weld County Commission-
ers.
4. By policy of the Board of County Commissioners , the copy
received by the Chairman, Glenn K. Billings, was stamped as the offi-
cial document. It has subsequently been discovered in the copy re-
ceived by Glenn K. Billings that in the zeroring and assembling pro-
cess that certain pages were duplicated, certain pages were assembled
out of order and one page has several words missing.
5 . The zeros copy is not the proposed charter as adopted by
the 21 members of the Weld County Home Rule Charter Commission.
6. The original of the proposed Home Rule Charter is on file
in the office of the County Commissioners and is a part of the office
'records pursuant to C.R.S. 197330-11-504 (3) .
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7. The statute, C.R.S. (1973) 30-11-505 (1) provides that prior
to the special election to be held for adoption or rejection of the
proposed Home Rule Charter, the County Commissioners shall publish the
complete text of the proposed Home Rule Charter.
8. By "complete text" is meant the text as adopted by the 21
members of the Home Rule Charter Commission, and not the text of the
" "` serox copy presented to the Chairman of the Board of County Commission-
9.
On August 14, 1975, at a meeting between Glenn X. Billings,
Chairman of the County Commissioners, J.L. Johnson, Chairman of the
Home Rule Charter Commission, John Martin, William Southard, Tim Weigand,
Ralph Waldo and Ed Leash Jr., members of the Charter Commission and
William L. West, council to the Charter Commission, the original pro-
posed Rome Rule Charter vas delivered to Glenn Billings and accepted
by him on behalf of the County Commissioners as the original copy
previously presented on July 2, 1975, and such acceptance was made
nunc pro tuns July 2, 1975.
10. The original proposed Home Rule Charter beginning with the
title page reading "Third Reading of Home Rule Charter for Weld
County Colorado," and ending on page 76 with a letter of transmittal
signed by all 21 members of the Weld County Home Rule Charter Com-
mission was examined and identified by all present as the original
of the proposed Home Rule Charter for Weld County as adopted by the
Weld County Charter Commission.
 . .A11. ,. It was agreed by all present, including Glenn X. Billings,
that the original proposed Rome Rule Charter was the document which
should be published and that a judicial determination should be
sought confirming that the original proposed Home Rule Charter should
be published.
12. It was fcrther agreed that the facts as set forth in para-
graphs 1 through 10 above would be stipulated to by Glenn K. Billings
and that he would instruct the County Attorney to cooperate in
expediting the judicial determination.
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13. A joint petition for a declaratory judgment was prepared and Glenn R. Billings and Sar^ue1. S. Telen, as County Attorney, re-
fused to join in to joint petition or to ign stipulation .
14 . Plaintiff believe that unless restrained and otherwise
ordered, the County Co;imissione - intend to print: a (_I f r_
tive copy
as the official prono i,: rromf; pule Charter .1i1i1 ra -11's:Rit such
defective copy to the voters for their ap-)ro•,r<,1 o;: S ptc:;.ber 9,
1975 at the special election.
15., That unless ordered otherwise, the t:old County Commissioners
will publish a docurnnt purporting to be the proposed Iore Rule
Charter, but whit:;,, in fact, is not the proposed home Itule Charter
as adopted by thr Weld County Nome Rule Commission.
> 16 . Irreparable harm will result if an immediate hearing is
not held and restraining order issued in that the validity of the
r entire Home Rule election is placed in jeopardy and the legal validity
of the election _,laced in doubt.
it is prayed that the c;•^fcr,:? n ! ndivith all
y and a.
corinissioner:; of 'el0 county, Colorado e • .re:;tr iccl from nulllished
or printing any d :cm:er� t other than the pre o: ,wire Rule Charter
as adopter] by the Weld County Ch, r. tor Co :ir;is^�r,r. ,nd iii t. defendants
be affirnatively • rdered to publish, pursuant to statute, the pro-
posed Rome Rule Carter as adopted by the Weld County Charter Com-
mission.
i;I7.LIA"d L . 1;1":;i'
Attorney for plaintiff
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1000 Tenth £trect, Suite 201
Greeley, CO 50532
STATE OF COLD a Do )
County of h:e1d
I , William L. West, hereby verify tits I ' nlr:r re.! ;:;,e forenc+inrr
instrument and th: t the facts therein ccntai. : , an i true and correct
according to my b at knowledge and belief .
t� 7 Yip:1 L .
Zt7BScItir.IM Ai D St7O1.N to before i / � ,
of vgut, 175 .
Notary ru 1 c•
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My Comma^. ":t, 21, 1077
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