HomeMy WebLinkAbout20020623.tiff DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue, P.O. Box 2038,
Greeley, CO 80632
Phone Number: (970) 351-7300 Q 2 fa(Z 012
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REI LIMITED LIABILITY COMPANY, a Wyoming . • IS L'�L� V IS
limited liability company, qualified to do business in MAR 0 4 2002
Colorado as Investors Limited Liability Company, -
WELD COUNTY
Plaintiff, ATTORNEYS OFFICE
v.
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO, A FOR COURT USE ONLY A
Defendant.
Attorneys For Defendant Board of County
Commissioners, Weld County, Colorado Case Number: 00-CV-1126
Division: I
Lee D. Morrison, Assistant Weld County Attorney
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
Phone Number: (970) 336-7235
Fax Number: (970) 352-0242
E-Mail: lmorrison(i)co.weld.eo.us
Attorney Registration #8067
Thomas J. Lyons, Esq.
Hall & Evans, L.L.C.
1200 Seventeenth Street, Suite 1700
Denver, CO 80202
Phone Number: (303) 628-3300
Fax Number: (303) 628-3368
E-Mail: lyons(il.hallevans.com
Robert R. Marshall, Jr., Esq.
Willis Carpenter, Esq.
Carpenter& Klatskin, P.C.
518 17th Street, Suite 1500
Denver, CO 80202-4162
Phone Number: (303) 534-6315
Fax Number: (303) 534-0514
E-Mail: marshall(a)akdenver.com
Attorney Registration #2851
2002-0623
i
al 1200,1_ SiHZ�
PLO e 03
Jacqueline Johnson, Esq.
Stow L. Witwer, Jr., Esq.
Witwer, Oldenburg, Barry & Bedingfield, LLP
822 Seventh Street, Suite 760
Greeley, CO 80631
Phone Number: (970) 352-3161
Fax Number: (970) 352-3165
E-Mail: iiohnson wabb-Ilp.com
Attorney Registration #20859
JOINT MOTION OF THE PARTIES TO DISMISS
WITH PREJUDICE
Plaintiff, REI Limited Liability Company and Defendant, the Board of County
Commissioners of Weld County, Colorado ("Board"), by and through their respective attorneys,
Witwer, Oldenburg, Barry & Bedingfield, LLP, and the Office of the Weld County Attorney and
Hall & Evans, L.L.C. Plaintiff, hereby move the Court for an order dismissing this action with
prejudice:
The reply brief of Defendant filed with the Court on or about January 12, 2001 explains
that Chapter 2, Article III, § 2-3-10 of the Weld County Code contains requirements applicable
to obtaining approval to submit a redesigned final plan pursuant to the Weld County Zoning
Ordinance. Such an application may be submitted to offer the Board of County Commissioners
an alternative to a denied prior application, provided the Board has found the two proposals
differ in a substantial manner. The process for determining whether a substantial change has
occurred allows an applicant to pursue the next step in the approval process without incurring the
expense associated with initiating a completely new application for an alternative Second Filing.
On December 19, 2001 the Weld County Board of County Commissioners approved the
"substantial change" application of the Plaintiffs conditioned on Dismissal of this action with
prejudice which is consistent with the JOINT STIPULATED MOTION OF THE PARTIES TO
STAY ALL PROCEEDINGS WHILE PLAINTIFF PURSUES RELIEF THROUGH
ALTERNATIVE ADMINISTRATIVE MECHANISMS previously approved by this Court.
The Plaintiff has paid the costs of the preparation of the record and recognizes
preparation of the record as their cost under Rule 106 C.R.C.P.
WHEREFORE, Plaintiff REI Limited Liability Company and Defendant Board of
County Commissioners of Weld County, Colorado hereby move the Court for an Order
Dismissing this Action With Prejudice, each party to pay all of its own costs, fees and expenses
of every kind.
DATED this day of January 2002.
i \c..�
Page 2 of 4
Respectfully submitted,
REI LIMITED LIABILITY COMPANY BOARD OF COUNTY COMMISSIONERS
Plaintiff
OF THE COUNTY OF WELD, STATE OF
COLORADO, Defendant
Witwer, Oldenburg, Barry
& Bedingfield, LLP BRUCE T. BARKER
WELD COUNTY ATTORNEY
d
cque e Johns Esq. #20859 7
822 Seventh Street, Suite760 Lee PP' Morrison
Greeley, CO 80631 Assistant Weld Count #8067
Phone: (970) 915 Tenth Street, y Attorney
352-316] P.O. Box 758
Fax: (970) 352-3165 Greeley, CO 80632
Phone: (970) 336-7235
And Fax: (970) 352-0424
Robert R. Marshall, Jr., Esq.
Willis Carpenter, Esq. And
Carpenter& Klatskin, P.C.
518 17th Street, Suite 1500 Thomas J. Lyons, #8381
Denver, CO 802024162 oi'Hall & Evans, L.L.C.
Phone Number: (303) 534-6315 1200 17th Street, Suite 1700
Fax Number: (303) 534-0514 PhoDenver, 03 80202-5817
ATTORNEYS FOR PLAINTIFF Fax: (303) 628-3300
6
REI LIMITED LIABILITY COMPANY ATTORNEYS FOR
D8
AT DEFENDANT:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Page 3 of 4
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the I " day of , 200,z, I mailed a
true and correct copy of the foregoing JOINT MOTION OF THE PARTIES TO DISMISS
WITH PREJUDICE correctly addressed, postage prepaid, in the U.S. mail to the following:
Robert R. Marshall, Jr., Esq. Lee D. Morrison, Esq
Willis Carpenter, Esq. Assistant Weld County Attorney
Carpenter& Klatskin, PC 915 Tenth Street, P.O. Box 758
518 17th Street, Suite 1500 Greeley, CO 80632
Denver, CO 80202-4162
Thomas J. Lyons, #8381
Hall & Evans, L.L.C.
1200 17th Street, Suite 1700
Denver, CO 80202-5817
75-E
M:\W PFI LES\PLEADING\beebedrw\dismiss.wpd
Page 4 of 4
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9`h Avenue,P.O. Box 2038,
Greeley, CO 80632
Phone Number: (970) 351-7300
REI LIMITED LIABILITY COMPANY, a Wyoming
limited liability company, qualified to do business in
Colorado as Investors Limited Liability Company,
Plaintiff,
A FOR COURT USE ONLY A
v.
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO, Case Number: 00-CV-1126
Division: I
Defendant. -
ORDER ADOPTING THE JOINT MOTION OF THE
PARTIES TO DISMISS WITH PREJUDICE AS AN
ORDER OF THE COURT
The Court,having considered the JOINT MOTION OF THE PARTIES TO DISMISS
WITH PREJUDICE and being otherwise advised in the premises hereby Orders that the JOINT
MOTION OF THE PARTIES TO DISMISS WITH PREJUDICE be, and hereby is, adopted as
an Order of this Court.
Dated this day of , 2002.
BY THE COURT •
WILLIAM L. WEST
District Court Judge
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