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Home My WebLink About20020751.tiff DISTRICT COURT, WELD COUNTY 19' Judicial District ti. 901 9' Ave. Greeley, Colorado 80631 Plaintiff: RJML, LLC, D/B/A EL REVENTON NIGHT CLUB Defendants: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO; GLENN VAAD, DAVID E. LONG, M. J. •COURT USE ONLY. GALLE, WILLIAM H. JERKE, AND ROBERT D. MASDEN Attorney for Plaintiff Case Number: Diane Goldenstein, P.C., Attorney at Law 500 Coffman St., Suite 201 02CV400 Longmont, CO 80501-5445 Phone No: (303) 684-8188 FAX No: (303) 684-8189 Atty. Reg. #15998 Division Courtroom SUMMONS THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO;GLENN VAAD,DAVID E.LONG,M. J.GALLE,WILLIAM H.JERKE,AND ROBERT D. MASDEN You are hereby summoned and required to file with the clerk of this court an answer or other response to the attached complaint. If service of the summons and complaint was made upon you within the State of Colorado, you are required to file your answer or other response within 20 days after such service upon you. If service of the summons and compliant was made upon you outside of the State of Colorado, you are required to file your answer or other response within 30 days after such service upon you. Ifyou fail to file your answer or other response to the complaint in writing within the applicable time period,judgment by default may be entered against you by the court for the relief demanded in the complaint without further notice. The following documents are also served herewith: COMPLAINT PURSUANT TO C.R.C.P. 106(a)(4) Dated: March 21, 2002 ALIaL /64 - Attorney for Plaintiff This summons is issued pursuant to Rule 4. C.R.C.P., as amended. A copy of the complaint must be served with this summons. This form should not be used when service by publication is desired. To the clerk: If this summons is issued by the Clerk of the court, the signature block for the clerk or deputy should be provided by stamp, or typewriter, in the space to the left of the attorney's name. L C cc'/9 (6'w-se/hi- ogei/c/C(/ j 7-� = r - 0/22 2002-0751 Case No. C‘',;_--2L. V _.*c,�, Return of Service State of Colorado County of I declare under oath that I served this Summons, a copy of the Complaint,saliasissatimin, in this case on the Defendants in Weld County on , 2002, at a.m./p.m. at the following location: ❑ by handing it to a person identified to me as ❑ by identifying these documents, offering to deliver them and then leaving them with a person identified to me as the defendant, , who refused service. 1 am over the age of 18 and am not interested in nor a party to this case. Signed before me this day of ,2002 by Notary Public DISTRICT COURT, WELD COUNTY N 1911 Judicial District 901 9''' Ave. ,;Z "`R 13 Greeley, Colorado 80631 Plaintiff(s): RJML, LLC, D/B/A EL REVENTON NIGHT CLUB Defendant(s): BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO; GLENN VAAD, DAVID E. LONG, M. J. ■COURT USE ONLY. GALLE, WILLIAM H. JERKE, AND ROBERT D. MASDEN Case Number: Attorney for Plaintiff Q /I�- /� Diane Goldenstein, P.C., Attorney at Law 01 CA)) LIDO V 500 Coffman St., Suite 20 t Longmont, CO 80501-5445 Phone No: (303) 684-8188 Division Courtroom FAX No: (303) 684-8189 Atty. Reg. #15998 COMPLAINT PURSUANT TO C.R.C.P. 106 (a)(4) Comes now Diane Goldenstein, P.C., Attorney at Law, and enters her appearance before this court on behalf of the Plaintiff RJML, LLC and pursuant to C.R.C.P. 106 (a)(4) requests a review of the findings by the Board ofCounty COMMISSIONERS,Weld County,(Board ofCOMMISSIONERS) to determine whether the Board of Commissioners has exceeded its jurisdiction or abused its discretion. 1. On February 11,2002,the Commissioners held a hearing on the application fora new Tavern Liquor License by the Plaintiff The COMMISSIONERS heard testimony and made findings and passed a resolution denying the application for the Tavern Liquor License. 2. The Commissioners issued a written Findings and Resolution on February 20, 2002, which is attached as Exhibit A, denying the license application. 3. The Plaintiff asserts that he proved a prima facie case to support the issuance of the license; believes the findings and resolution denying the license are not supported by the evidence and that the Board of COMMISSIONERS abused its discretion in denying the license. 4. The Plaintiff has no other plain adequate and speedy remedy otherwise provided by law. Wherefore, the Plaintiff requests that the Court review the findings of the Board of Commissioners to determine if the Board of Commissioners abused its discretion and exceeded its jurisdiction in denying the license. Respectfully submitted, Diane tein, P.C. Plaintiffs Address: 13015 Weld County Road 16 Ft. Lupton, Weld County, Colorado 80621 FEB -'H -2O92 IN :55 GIM FEB-21-2002 THU 08.34 Ail 1 ELD CO GOVT FAX NO. 9703520242 P. 01 FINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF RJML, LLC,DBA EL REVENTON NIGHT CLUB, FOR TAVERN LIQUOR LICENSE The application of RJML, LLC, dba E Revanton Night Club, 13015 Weld County Road 18,Fort Lupton, Colorado 80621, for a Tavern Liquor Licence, came on for hearing on the 11th day of February, 2002. at 9:00 a.m.,and the Board of County Commissioners of Weld County, Colorado, having hard the testimony and evidence adduced at said hearing, having considered the testimony, evidence and remonstrances filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The Board finds that the reasonable requirements of the neighborhood do not justify approval. 2. Although the good character of the applicant is not questioned, the Board finds that his reputation has suffered through the revocation of a previous license in the Town of Platteville, Stipulations and Agreements required by the Town of Deoono and the City of Greeley, and frequent intervention of the Weld County Sheriffs Office when Mr. Rodriguez managed a similar establishment currently known as Club Romance. 3. The Board finds that the number, type, and availability of alcohol beverage outlets located in or near the neighborhood under consideration do not justify approval. 4. The Board finds that the issuance of such license would add to an undue concentration of the same class of license in the neighborhood and, as a result, require the use of additional law enforcement resources which would not be absorbed into the current staffing levels of the Weld County Sheriffs Office and the Fort Lupton Police Department and, in some Instances, may result In leaving the City of Fort Lupton unprotected. RESOLUTION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has considered the application of RJML, LLC, dba El Raventon Night Club, 13015 Weld County Road 16, Fort Lupton,Colorado 80621, for a Tavem Liquor License,for the sale of malt,vinous and spirituous liquors for consumption by the drink on the premises only, and WHEREAS, said applicant has paid to the County of Weld the sum of$500.00 for the hearing fee. In addition to the other required fees, and A 2002-0354 L00044 FEB-21-2002 THU 09!34 AM WELD CO GOVT FAX NO. 9703620242 P. 02 TAVERN LIQUOR LICENSE - EL REVENTON NIGHT CLUB PAGE 2 WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deems It advisable to deny said application for a Tavern Liquor License for RJML, LLC, dha El Reventon Night Club, NOW.THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined saki application, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby deny the application for a Tavern Liquor License for RJML, LLC, dbe El Reventon Night Club. BE IT FURTHER RESOLVED by this Board that the Clerk to the Board be, and hereby ia. directed to return all State Liquor fees currently being held to the applicant with a copy of this Resolution. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of February, A.D.,2002. BOARD OF COUNTY COMMISSIONERS WELD TY,�COLORADO � •�� ATTEST: gal/ � 1 ��/ a itsi Weld County Clerk t0 - r' a�, � Ge. IN! r ,g, %Due, om/ on Terra, Deputy Clerk to the - : � ,` " M, J. belle APP''• ' DAST . 4.7-Wilt e I J rke kl\1/4„L ounty Mt. oey Robert D. as en Date of signature; DISTRICT COURT, WELD COUNTY Judicial District r..`1 901 9' Ave. Greeley, Colorado 80631 Plaintiff(s): RJML, LLC, D/B/A EL REVENTON NIGHT CLUB Defendant(s): BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO; GLENN VAAD, DAVID E. LONG, M. J. •COURT USE ONLY• GALLE, WILLIAM H. JERKE, AND ROBERT D. MASDEN Case Number: Attorney for Plaintiff Diane Goldenstein, P.C., Attorney at Law 0 2 C �![ 00 500 Coffman St., Suite 201 Longmont, CO 80501-5445 Phone No: (303) 684-8188 Division Courtroom FAX No: (303) 684-8189 Atty. Reg.. #15998 MOTION FOR CERTIFICATION OF RECORD PURSUANT TO C.R.C.P. 106 (a)(4)(III) Comes now Diane Goldenstein, P.C., Attorney at Law, and moves this Court to order the Board of County Commissioners, Weld County,to prepare a certify the complete record of the hearing by the Board of County Commissioners, Weld County, in the matter of the application for a new Tavern Liquor License by RJML, LLC, d/b/a El Reventon Night Club. Further, Plaintiff requests that a transcript of the entire hearing be prepared and that all parts of the application, all exhibits, and any other documents submitted to or considered by the Board be included in the record. The Plaintiff further requests the Board of Commissioners certify the record for authenticity. Respectfully submitted � i tare Goldenstein, P.C. Plaintiff's Address: 13015 Weld County Road 16 Ft. Lupton, Weld County, Colorado 80621 DISTRICT COURT, WELD COUNTY 1911 Judicial District 901 9°i Ave. Greeley, Colorado 80631 Plaintiff(s): RJML, LLC, D/B/A EL REVENTON NIGHT CLUB Defendant(s): BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO; GLENN VAAD, DAVID E. LONG, M. J. ■COURT USE ONLY• GALLE, WILLIAM H. JERKE, AND ROBERT D. MASDEN Case Number: Division Courtroom ORDER The Board of County Commissioners, Weld County, shall cause to be prepared and certified the complete record of the hearing by the Board of County Commissioners, Weld County, in the matter of the application for a new Tavern Liquor License by RJML, LLC, d/b/a El Reventon Night Club. Such record shall include a transcript of the entire hearing, all parts of the application, all exhibits, and any other documents submitted to or considered by the Board. The record shall be submitted by the day of , 2002. SO ORDERED, this Day of , 2002. DISTRICT COURT JUDGE Hello