HomeMy WebLinkAbout20072648 COURT OF APPEALS,STATE OF COLORADO
Court Address: Colorado State Judicial Bldg.
2 E. 14th Avenue,3rd Floor
Denver,CO 80203
On appeal from the Weld County District Court,
Hon. Jonathan W. Hays, Case No. 05 CV 513 (Consolidated
with Case No. 05CV1488), seeking, inter alia, review of a AV; .)
Resolution of the Board of County Commissioners of Weld
County to approve formation of the East I-25 Sanitation C!:,10:, ar,
District •''''"at6
Appellant:TOWN OF MEAD,a statutory municipality and
political subdivision of the State of Colorado
Appellees: BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY; KEN WILLIAMSON; CONNIE
WILLIAMSON; RAY SCHOOL; ALMA SCHOOL; NICK
SEKICH; TOM REYNOLDS; MERLE MAASS; BILL
WOODS; GARY WOODS; DON OWENS; SCOTT
OWENS; and ED KANEMOTO. ♦ COURT USE ONLY •
Attorneys for Appellant:
Edward M.Bendelow,No. 1883 Case Number:07CA1470
• Benjamin A. Johnson,No. 35106
Bendelow Law Firm,P.C.
1120 Lincoln Street, Suite 1000
Denver, Colorado 80203
Phone: (303) 837-9600
Fax: (303) 860-0311
Email: tedbendelow@bendelow.net
Email: benjohnson@bendelow.net
DESIGNATION OF RECORD ON APPEAL
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COMES NOW the Plaintiff, the Town of Mead ("Mead"),by and through its
counsel, the Bendelow Law Firm, P.C., and pursuant to C.A.R. 10 hereby submits
its Designation of Record on Appeal.
Appellant Mead hereby designates the following items to be included in the
record on appeal:
1. The complete district court file, including but not limited to:
a. All pleadings, motions, exhibits and other documents filed by any party
in the district court, including the records of the February 14, 2005 and
August 3, 2005 hearing before the Board of Commissioners for Weld
County ("Board")prepared by Weld County("County");
b. All orders and other documents issued by the district court, including the
final Order dated June 22, 2007 and the Order of July 23, 2007 directing that
the question of the formation of the proposed special district be submitted to
an election;
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c. All exhibits listed in the Parties' exhibit lists for the May 2006 hearing
before the district court, whether or not such exhibits were admitted into
evidence;
d. The complete record of the Board of Commissioners of Weld County
("Board")hearing that took place on February 14, 2005, including the
transcript of the hearing as supplemented by affidavits filed by Mead in the
district court and all documentary evidence presented to the Board and/or its
agents, including those documents that were not included in the record
prepared by the County but were later submitted by Mead to the district
court through its Supplement to the Record dated January 30, 2006 and its
motions to supplement the record, whether or not such documents were
accepted as part of the record before the Board by the district court;
e. The complete record of the Board hearing that took place on August 3,
2005, including the transcript of the hearing and all documentary evidence
presented to the Board and/or its agents, including those documents that
were not included in the record prepared by the County but were later
submitted by Mead to the district court through its Supplement to the Record
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dated January 30, 2006 and its motions to supplement the record, whether or
not such documents were accepted as part of the record before the Board by
the district court;
f. All documents Mead submitted to the district court through its motions to
supplement the record filed on February 23, 2007 and May 3, 2007 that
where not presented to the Board and/or its agents and that were not
accepted as part of the record by the district court.
2. The following transcripts of hearings to be prepared by a Court Reporter to
be assigned by the district court:
a. The entire transcript of the hearing before the district court conducted on
May 22"d and 23rd 2006 that was digitally recorded;
b. The entire transcript of the hearing before the district court conducted on
September 14, 2005 that, on information and belief, was digitally recorded;
and
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c. The entire transcript of the pre-trial conference before the district court
conducted on January 13, 2006 that, on information and belief, was digitally
recorded.
d. The entire transcript of the status conference before the district court
conducted on January 31, 2006 that, on information and belief, was digitally
recorded
Respectfully submitted this 13th day of August 2007,
BE ELOW LAW FIRM, P.C._
Edward M. Bendelow, Esq.
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CERTIFICATE OF SERVICE
I hereby certify that on this 13th day of August 2007,a true and correct copy of the
foregoing DESIGNATION OF RECORD ON APPEAL was filed with the district court and
was sent via LexisNexis File and Serve to the following:
Bruce T. Barker, Reg. No. 13690
Lee D.Morrison,Reg. No. 8067
Cyndy Giaque,Reg.No. 13241
915 Tenth Street
P.O.Box 758
Greeley, CO 80632
Attorneys for the Board of County Commissioners for Weld County
Roger P.Thomasch,Reg.No. 5426
Jon Bernhardt, Reg.No. 20227
Ballard Spahr Andrews &Ingersoll, LLP
1225 17th St., Ste. 2300
Denver, CO 80202
Attorneys for Individual Defendants
James D. Collins, Reg. No. 7958
David A. Greher,Reg. No. 27311
Collins Cockrel& Cole,P.C.
390 Union Blvd., Ste. 400
Denver, CO 80228 •
Attorneys for Individual Defendants
Diane D. Miller,Reg.No. 26180 5
Bradley T. Neiman, Reg. No. 35707 , p 7
Miller Rosenbluth,LLC
700 17th St., Ste. 2200
Denver, CO 80202
Attorneys for Ave::International, Ll
Nicole R.Peterson
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