HomeMy WebLinkAbout780446.tiff 182--Revised Bun as Civil Action- •
_- _ _
- IN THE DISTRICT
.. . COURT.
STATE OF COLORADO,
ss DIV. ......
County of . WELD -
CIVIL ACTION No.
H.O.P.E.., . a. Colorado-non-profit '
corporation,_
SHERI, .t
°.E' 9 CU.. Ci1i
•
•r'n
PLAINTIFF_ .
Vs.
JUN 30 1978
THE. BOARD OF. COUNTY COMMISSIONERS -
OF THE. COUNTY OF..WELD, - __,AD�
SUMMONS .
A E OFp1. Cron ,---P' ss.
I QUN rY OF WELD .
1 ' i .I th l,:a,k Ii
Ict (.aonty t,n t n:isinn is
:I�'� it�30 IJ7U :
rOdA4.
DEFENDANT.. 8 .. � '
THE PEOPLE OF THE STATE OF COLORADO,
TO THE DEFENDANT . ABOVE NAMED---GREETING:
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 default will be taken against
you for the relief demanded in the complaint.
If service upon you is made outside the State of Colorado,or by puhlieat ion, or if a copy of the com-
plaint be not served upon you with this summons, you are required to file your answer to tl e complaint
within 30 days after service of this summons upon you.
This is an action*
. as more fully set forth in the attached complaint.
"1
Dated June 30,- 1.978 , 19 .
_-. ...._ Mary". M... ..Conne11 ATTORNEY FOR PLAtNTIFr.
CLERK OF SAID COURT.
A.M. Dominguez, Jr. (#2803)
By. 1220 11th Ave.
DEPUTY CLERK. Creeley, CO 308801u-ss OF Arl'oRNI-Y.
(SEAL OF COURT)
Note: — This summons is issued pursuant to Rule 4, Colorado
Rules Civil Procedure as amended.
Warning: If this summons does not contain the docket number of the civil action,then the complaint may
no bnt must e filed ten days the MIRRORS sertved,Norewith
thon file e COURT h WILL f the BE Wourt. The com WITHOUT JUuRISDICIDON TO PROCEED within
after PROCEED FURTHER
AND THE ACTION WILL BE DEEMED DISMISSED WITHOUT PREJUDICE AND
WITHOUT FURTHER NOTICE. Information from the court concerning this civil action may not be
. .',r • available until ten days after the summons is served.
Note: — This summons is issued pursuant to Rule 4, Colorado Rules Civil Procedure as amended. 7 fie 44 6
'If the summons is published or served without a copy of the complaint, after the word "action"state the relief demanded.
If body execution is sought-the summons must state"founded upon tort." .. „,/_-
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No .
H.O.P.E. , a Colorado non-profit )
corporation, )
Plaintiff , )
vs. )
COMPLAINT
THE BOARD OF COUNTY COMMISSIONERS )
OF THE COUNTY OF WELD, )
Defendant. )
COMES NOW, the Plaintiff , by and through its attorney,
A.M. Dominguez , Jr. , and sets forth and alleges as follows :
1 . That the Plaintiff appears in this action on its
own behalf and is representative of its members who own property
either adjacent to or in the immediate vicinity of the property
for which this action is brought.
2 . That this Complaint is filed for a Writ of
Certiorari and an Order for Stay of Proceedings as allowed by
Colorado Rules of Civil Procedure , Rule 106 (a) (4) .
3. That on June 7 , 1978 , a public hearing was held
for the purpose of hearing a Petition of Bestway Paving Company
and Gilsabind Convidar. Said hearing was conducted before the
Defendant, The Board of County Commissioners of the County of
Weld, for the purpose of a request for a Special Use Permit
for the following described parcel of land , to wit:
A tract of land located in the Northeast Quarter (NE' ) of
Section 2, Township 5 North, Range 66 West of the Sixth
Principal Meridian, Weld County, Colorado, and being
further described as follows:
Can encing at the Center Quarter Corner (Cen o Cor) of said
Section 2 and considering the South Line of the Northeast:
Quarter (NEQ) of said Section 2 to bear South 89°55'53"
Fast, with all bearings here-in being relative thereto:
Thence South 855'53" East, along the South Line of the
Northeast Quarter (NE1) of said Section 2, a distance of
1242.80 feet to the True Point of Beginning, said Point
being the Southeast Corner (SE Cor) of Johnson Subdivision,
as platted and recorded in the records of Weld County,
Colorado;
Thence along the Easterly boundary line of said Johnson
Subdivision by the following two (2) bearings and distances:
North 13°44'30" West, 1300.19 feet;
North. 09°12'16" East, 105.61 feet; to a point on the North
Line of the South Half (S' ) of the Northeast Quarter (NEa)
Section 2;
Thence South 88°55'17" East, along the North Line of the
South Half (Sz) of the Northeast Quarter (NE} ) Section 2,
a distance of 2054.69 feet;
Thence - South 06°10'17" West, along the East line of the
Northeast Quarter (NE;) of said Section 2, a distance of
678.88 feet; Thence North 89°55 53 West, along the North
Line of an 11.540 acre tract of land, 766.69 feet;
Thence South 06°10'17" West, along the West line of said
11.540 acre tract of land, 659.36 feet to the South Line
of the Northeast Quarter (NE} ) of said Section 2;
Thence North 89°55'53" West, along the South Line of the
Northeast Quarter (NF'a) of said Section 2, a distance of
851.81 feet to the True Point of Beginning. Said tract
of land contains 45.91 acres and is subject to any rights-
of-way or other easements as granted or reserved by in-
struments of record or as now existing on said tract of land.
4 . That the Plaintiff ' s members are property owners
either adjacent to or in the immediate vicinity of the property
for which the Special Use Permit was requested.
5 . That on June 7 , 1978 , the Defendant, The Board
of County Commissioners of the County of Weld , granted a
Special Use Permit for Bestway Paving Company and Gilsabind
Convidar.
6 . That in granting the Special Use Permit the
Weld County Board of County Commissioners abused its discre-
tion, as defined by law, and exceeded its jurisdiction.
7 . That the Defendant, The Board of County Commis-
sioners of the County of Weld, exceeded its jurisdiction in
that there was noncompliance with C .R.S . 1973 30-28-116 ,
provisions of the official Weld County Zoning Resolution and
provisions of the official Weld County Mineral Resource
Extraction Plan.
8 . That the Defendant, The Board of County Commis-
sioners of the County of Weld, abused its discretion in that
it did not comply with Colorado statutory law and Colorado
case law in applying the proper standards to the facts pre-
sented at the June 7 , 1978 hearing.
9 . That the Colorado Rules of Civil Procedure ,
Rule 106 (a) (4) , allows for an order staying all proceedings
regarding and dealing with the Special Use Permit set forth
in this Complaint and the best interests of justice require
that an Order staying all proceedings relating thereto should
be granted until such time as this Court has an opportunity
to determine the merits of the issues set forth in this
Complaint.
WHEREFORE, the Plaintiff respectfully moves this
Honorable Court for a Writ of Certiorari and an Order staying
all proceedings relating to the Special Use Permit as set
forth above, as allowed by Colorado Rules of Civil Procedure ,
Rule 106 (a) (4) , for all costs expended in pursuing this action,
and for such further relief as the Court may deem just and
proper. ,
Resp c ugly sybmittpd,
/,( .
Dominguez, Jr. (#2803)
orney for Plaintiff
1220 llth Ave.
Greeley, /CO 80631
Telepho,5 356-1562
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