HomeMy WebLinkAbout790397.tiff Colorado
Department of
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\ August 16, 1979
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CERTIFIED MAIL NO. 714952
Mr. Stanley L. Stolte
Registered Agent for Service of Process
for F:olanda Feeds , Inc.
6509 Weld County Road 51
Keenesburg, Colorado 80643
Dear Mr. Stolte:
The Colorado Air Pollution Control Division has been informed by the
Attorney General 's office that the appeal filed by Rolanda Feeds , Inc.
with the State Court of Appeals has been dented. (See attachment.) The
judicial review process has now been completed without modification of
the Air Quality Control Commission's final order revoking Rolanda Feeds '
Emission Permit (No. C-11 ,328) .
Rolanda Feeds, Inc. , therefore, no longer has a valid Emission Permit
for operation of its poultry waste drying facility located at 6509 Weld
County Road 51 , as required by Section 25-7-114(4), C.R.S. 1973. Should
your facility be found in operation without obtaining a valid air
pollutant Emission Permit, Rolanda Feeds will be subject to civil
penalties of up to twenty-five thousand dollars ($25,000.00) per day for
each day of operation without a permit pursuant to C.R.S. 1973, 25-7-122
(1 )(b) .
Should you have any questions , please contact this office.
Sincerely,
A. C. Bishard, P.E. , Chief
Stationary Sources Section
/Air Pollution Control Division
RDF:pm
cc: Weld County Commissioners
Weld County Health Department
Larry DeClaire
Anthony Zarlengo
Attachment
790397
i C7.
COLORADO COURT OF APPEALS Fli lit; ;JA:lj �
No. 79CA0663 ,G(,r6
RoLANDA FEEDS , INC. , ) OFF«E cc bit
An-ORNEy
Plaintiff-Appellant , I
AIR POLLUTION CONTROL COMMISSION ) ORDER DISMISSING APPEAL
OF '±IiE COLORADO DEPARTMENT OF HEALTH, ) Tr .Ct.No . 29731
GEORGE SLARLEE, ROBERT FRITZLER, )
SHIRLEY FRITZLER, DONALD LEE BELL, )
JOHN ARENDS, JEANETTE ARENDS, RUSSEL )
J . HAVES, JOAN A. HAYES , VERA JACKSON, )
and VICKY WACKER, )
Defendants-AppelleeL> . )
The motion to dismiss appeal filed by the Attorney
General, having come on to be heard , and the court being
fully apprised in the premises , and having reviewed it,, own
order of July 31 , 1979, to which no response was received,
IT IS ORDERED that the above-captioned action is hereby
DISMISSED for failure to file the timely preliminary statement.
BY THE COURT: Division II Pierce, J.
Ruland, J.
�� ,t,t Berman J.
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DATED: August 8 , 1979 •�
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IN THE DISTRICT COURT IN AND FOR THE a7.'nepucy
-21
COUNTY OF WELD AND STATE OF COLORADO '-II- ------
Civil Action No . 29867
Division III
ROLANDA FEEDS , INC . , )
)
Plaintiff, )
)
vs . ) DECREE
)
THE BOARD OF COUNTY COMMISSIONERS )
OF THE COUNTY OF WELD, )
)
Defendant . )
This matter came on for hearing before the Court on July 18 , 1978 ,
upon the record as certified to the Court by the Board of County
Commissioners of Weld County , Colorado . Present were Anthony V . Zarlengo
and Albert G. DeRose , counsel representing Plaintiff Rolanda Feeds , Inc . ,
and Thomas 0. David, Weld County Attorney , representing Defendant Board
of County Commissioners .
The Court having considered the record certified to it , together
with all exhibits , arguments of counsel and briefs of the parties ,
FINDS AS FOLLOWS :
1. This is an action governed by Rule 106 (A) (4) of the Colorado
Rules of Civil Procedure and the scope of review permitted is limited
to whether or not the Board of County Commissioners exceeded its
jurisdiction or abused its discretion . City of Colorado Springs v.
District Court , 184 Colo . 177 , 519 P . 2d 325 (1974) .
2 . Without deciding the issue as to whether or not the Board of
County Commissioners has power to issue subpoenas , the record does not
indicate that any significant prejudice was occasioned the Plaintiff by
Commissioner Steinmark' s comments to the audience at the beginning of
the hearing concerning their response to subpoenas issued by Plaintiff' s
counsel . The Court rejects the argument that the testimony of any witness
may have been affected by these comments . All potential witnesses for
the Plaintiff did in fact appear and Plaintiff' s argument in this regard
is entirely speculative .
3. An examination of the record discloses that there was no
evidence that the hand count taken by Commissioner Dunbar at the
conclusion of the hearing on April 25 , 1978 , was the basis for
Commissioner Dunbar ' s vote for denial of the Application for Special
Use Permit . People were there to express opinions and it was not
improper for him to ascertain their opinions in this manner .
4. The question of whether or not Commissioner Steinmark should
have disqualified herself from participation in the hearing is moot in
that , even excluding her vote , a valid majority of the Board did vote
in favor of the resolution denying the Application for Special Use Permit .
5 . Section III , 3 . 3E(2) of the Weld County Zoning Resolution ,
which reads : '
"The Planning Commission and the Board of County
Commissioners shall consider the following in
making their determination in approving or
denying a Special Use Permit : Compatability
with the surrounding area , harmony with the
character of the neighborhood and existing
agricultural uses , need for the proposed use ,
its effect upon the immediate area , its effect
on future development of the area and the health ,
safety and welfare of the inhabitants of the area
and the County . "
provides an adequate standard to guide the Board of County Commissioners
in considering an Application for a Special Use Permit .
6 . The record in its entirety convinces the Court that the
Defendant Board of County Commissioners of the County of Weld , Colorado ,
did not exceed its jurisdiction nor abuse its discretion in denying the
Plaintiff' s Application for a Special Use Permit and there is
abundant evidence that the applicant ' s proposed use would be detrimental
to the health , safety and welfare of the inhabitants of the area in
question.
THE COURT THEREFORE HEREBY AFFIRMS the action of the Board of
County Commissioners of Weld County , Colorado , taken April 25 , 1978 ,
in denying Plaintiff' s Application for a Special Use Permit . The
issues herein are THEREFORE RESOLVED in favor of the Defendant and the
Order to Show Cause heretofore entered is HEREBY DISCHARGED.
Done in Chambers this 22nd day of September , 1978 , at Greeley,
Colorado .
BY THE COURT :
District Judge
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