HomeMy WebLinkAbout20033561.tiff 10/06/03 MON 16:11 FAX 970 356 1111 LIAO Z001
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LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.Box 326
GREELEY,COLORADO 80831
WEB PAGE:LLOLAW.COM
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)356-9160
KIM R.LAWRENCE (970)353-2323
TELECOPIER
P,ANDREW JONES (970)356-1111
RICHARD T.LIPUMA paiSIlolaw.0001
KELLY J.CUSTER
October 6, 2003
Weld County Planning Commission VIA FAX NO. 304-6498
c/o Chris Gathman
1555 N. 17th Ave.
Greeley, CO 80631
Re: USR 1444, Heit Sand and Gravel Mine
Request for Postponement of Planning Commission Hearing
Dear Commission Members:
This firm directly represents Neil Coyle, Laura Coyle, Lavenia Temmer, and Robert
Temmer, representatives of a neighborhood group formed in opposition to the
proposed Heit Sand and Gravel Mine. This group intends to offer a full presentation at
the time this application is heard by the Planning Commission, including, among other
things, its own traffic study,
I had intended to make this presentation on their behalf, however, an unanticipated
conflict of interest necessitates my withdrawal from representation of these parties. As
such, and through no fault of their own, these interested parties will not be able to
prepare adequately for the Planning Commission hearing set for October 21, 2003.
With the help of the undersigned, these parties are seeking other counsel with expertise
in land use issues. However, it is unlikely that new counsel would have time to
adequately prepare for the scheduled hearing. In addition, the traffic study is in
process, and may not be completed by the date of the hearing.
The Weld County Code recognizes a party's right to representation, as well as the right
to call and examine witnesses, introduce exhibits, cross examine witnesses, impeach
witnesses, and rebut evidence submitted by other parties. See Weld County Code, 2-
4-50(C), (G). Courts nationwide have recognized that the unexpected withdrawal of
counsel through no fault of a litigant is grounds for a continuance to allow new counsel
to adequately prepare for hearing. See generally 17 Am.Jur. 2d, "Continuance," §25. In
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October 6, 2003
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Colorado, adjudicatory bodies are directed to assess such requests by balancing the
interests of the litigants. See In Re Marriage of Woolley, 25 P.3d 1284, 1288 (Colo.
App. 2001).
In this case, the Weld County Code clearly provides that it is the duty of the Planning
Commission to determine whether, inter aria, the proposed land use is compatible with
existing surrounding land uses and whether the applicant has provided adequate
provision for the health, safety and welfare of the inhabitants of the neighborhood. See
Weld County Code 23-2-220(A)(2); A(7). The Planning Commission cannot adequately
consider these issues without evidence to be provided by the Coyles and Temmers,
particularly the expert testimony to be provided by the Coyle's traffic engineer. Though
delaying the planning commission hearing for 30 days may work some prejudice on the
Applicant, the relative injury inflicted is small compared to the injustice worked upon the
Coyles and Temmers if the hearing goes forward without their full and effective input.
The Applicant plans to mine the property for a minimum of 7 years, and quite possibly
for many more — its activities will effect the daily lives of the Coyles, Temmers, and
many others like them for years to come. A delay of 30 days to insure full consideration
of available evidence is, in the end, a small matter given the scope of the proposed
action.
For all of these reasons, I request a continuance of 30 days. Understanding this is a
unique procedural matter, I nevertheless request the courtesy of a decision on the
continuance request as soon as possible, prior to the hearing date, so that my clients
can prepare accordingly. If the continuance request is denied, my clients may instruct
me to appeal the denial to the Board of County Commissioners pursuant to Weld
County Code § 2-4-10. I regret the necessity of placing the parties in this position, but
circumstances are such that my ethical obligations leave me no choice in the matter.
Sincerely,
, LAWRENCE & OTTENHOFF LLP
P. Andrew Jones
PAJ:mt
cc: Neil and Laura Coyle
Robert and Lavenia Temmer
Aquatic and Wetland Company
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