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DISTRICT COURT, COUNTY OF WELD, STATE OF COLD
CREEL
coLO•
CASE NO: 85 GI/ IOLA
SUMMONS
ALVIN DECHANT, JOSEPHINE DECHANT, ALICE PEHR and WILLIAM
PEHR,
Plaintiffs
•
vs
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO,
Defendant
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE NAMED DEFENDANTS:
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
complaint 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.
If you 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:
Verified Complaint
•
Dated this / day of November, 1985 .
1
850662
13 I
PL-aa to I
6d mt9 II/2.5/%5
PEHR, FOX AND PEHR, P.C.
By 4fri.ep l�l��
Richard L. Fuller - 9731
Attorney for Plaintiff(s)
3380 W. 72nd Avenue
Westminster, Co. 80030
427-1516
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.
2
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
CASE NO: e S C.V
VERIFIED COMPLAINT
ALVIN DECHANT, JOSEPHINE DECHANT, ALICE PEHR and WILLIAM
PEHR,
Plaintiffs
vs
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO,
Defendant
COME NOW the Plaintiffs above named, by and through
their attorney Richard L. Fuller and for a complaint against
Defendants, state and allege as follows:
PRELIMINARY ALLEGATIONS
1. Plaintiff Alice Pehr is the owner and resides
upon certain real property located in the County of Weld,
State of Colorado, as more fully set forth in Exhibit A which
is attached hereto and made a part herein by reference.
2. Plaintiff William Pehr resides upon the real
property described in Exhibit A.
3. Plaintiffs Dechant are owners of , and reside
upon, certain real property located in the County of Weld,
State of Colorado.
4. On or about May 31 , 1985 , Front Range Sand and
1
Gravel Co. submitted an application to the Weld County
Department of Planning Services for a special use permit for
open cut mining on certain real property located adjacent to
or in the vicinity of Plaintiffs Pehrs' and Dechants' real
property, all as more fully set forth in Exhibit B which is
attached hereto and incorporated herein by reference.
5. That the requirements and procedures for review
and grant of a special use permit are sfrt forth in Weld
County Zoning Ordinance No. 89 , as amended, dated July 1 ,
1985 , more particularly Section 24 "Use by Special Review" ,
Section 31 "Zone District - Agricultural" and Section 44
"Open Mining".
6. That the real property, more fully set forth in
Exhibits A and Exhibit B, lie within the agricultural zone
district as defined in Section 30 of the Zoning Ordinance.
7. That on or about September 3 , 1985 , the Weld
County Planning Commission recommended the application of
Front Range Sand and Gravel Co. for a special use permit be
denied and no permit be issued.
8. That a hearing was held by Defendant on the
permit application of Front Range Sand and Gravel Co. on
October 23 , 1985.
9. That by resolution of said Defendant, the hearing
was continued to November 13 , 1985 .
2
10. That at the November 13 , 1985, Defendant voted
to approve the application of Front Range Sand and Gravel Co.
for a special use permit for open cut mining on the real
property set forth in Exhibit B and to grant Front Range Sand
and Gravel Co. the permit as requested.
FIRST CLAIM FOR RELIEF
1. Plaintiffs incorporate all the allegations set
forth above as if fully set forth herein.
2. That the application for special use permit, as
submitted by Front Range Sand and Gravel Co., failed to meet
the requirements of the Weld County Zoning Ordinance Number
89 as amended in that:
a. Applicant failed to demonstrate in its
application, compliance with below listed design standards as
required by Section 24-5-1 et seq, of said Ordinance, to wit:
1. Adequate water service pursuant to
Section 24 .5 .1 .1;
2. Adequate sewer service pursuant to
Section 24 .5 .1 .2;
3 . Adequate fire protection pursuant to
Section 24 .5 .1 .4;
4 . Storm water management standards
pursuant to Section 24 .5 .1 .5;
5. Drainage facilities pursuant to Section
3
24 .5 .1 .5 .2;
6 . Adequate parking and vehicle storage
pursuant to Section 24 .5 .1 .6;
7. Safe ingress and egress pursuant to
Section 24 .5 .1 .8;
8 . That the special use in the
agricultural district would be located on the least
productive soils on the property in quefstion pursuant to
Section 24.5.1.11.
b. Applicant failed to submit supporting documents
required by Sections 24.7 et seq and 44.3 et seq of the above
referenced Zoning Ordinance to wit:
1 . A statement that the proposal is
consistent with the Weld County Comprehensive Plan, pursuant
to Section 24.7.1 .1 ;
2. A statement explaining the proposal is
consistent with the appropriate district use intent pursuant
to Section 24.7 .1 .2;
3 . A statement explaining that permitted
uses would be compatible with existing surrounding land uses
pursuant to Section 24.7 .1 .3;
4. A statement explaining that permitted
uses would be compatible with future development of the
surrounding area pursuant to Section 24.7 .1 .4;
4
5 . A statement that Applicant "has
demonstrated a diligent effort has been made to conserve
productive agricultural land in the locational decision for
the proposed USE" pursuant to Section 24.7.1.6;
6 . A statement explaining adequate
provision for protection for health, safety and welfare of
the inhabitants of the neighborhood, pursuant to 24 .7 .1 .7 ;
7. A Proper reclamation plan, as submitted
to the State of Colorado Mine Land Reclamation Board,
pursuant to 44.3.1;
8. A cross-section of drainage structures
pursuant to 44 .3 .3;
9. Profile and typical cross-section of
all roads, pursuant to 44 .3 .4.
c. Applicant failed to supply a detailed description
of the proposed operation and use, pursuant to 24 .7 .3 of the
above referenced Zoning Ordinance in that Applicant failed to
set forth in such description:
1. Maximum number of uses, patrons and
other visiters, pursuant to 24 .7 .3 .4;
2. The type, number and uses of proposed
structures to be erected pursuant to 24 .7 .3 .7;
3. The type, size, weight and frequency of
vehicular traffic and access routes utilized pursuant to
5
24 .7 .3 .8;
4. Domestic sewage facilities pursuant to
24 .7 .3 .9;
5. Size of stock pile storage or waste
areas pursuant to 24 .7 .3 .10;
6 . Trash and waste removal pursuant to
24 .7 .3 .11;
7 . A construction time table pursuant to
24 .7 .3 .12;
8. Proposed landscaping plans pursuant to
24 .7 .3 .13;
9. A statement delineating the need for
the proposed use pursuant to 24 .7 .3 .15;
10 . Description of proposed fire
protection measures pursuant to 24 .7 .3 .16 .
d. The Vicinity Map submitted by Applicant fails to
meet the requirements of 24.7.4.4 and 44.2.1 in that:
1 . The wrong scale is utilized in
violation of 24 .7 .4 .4.1 and 44.2 .1;
2. There are no general classifications or
distributions of soils in violation of 24.7.4 .4.3 .4 and
44.2 .1 .6 ;
3. All residents within one half mile of
the site are not set forth in violation of 24.7 .4.4.3 .6 and
6
44 .2 .1 .4;
4 . All the owners of adjacent real
property are not set forth in violation of 44 .2 .1 .3 .
e. The , plot plan submitted by Applicant does not
contain all necessary information as required by 24.7.4.5 et
seq, of the above referenced Zoning Ordinance in that:
1. The scale used is in violation of
24 .7 .4 .5 .1;
2. The features and structures are not set
forth in violation of 24 .7 .4 .5 .3 and 24 .7 .4 .5 .3 .2;
3. Utility easements or right-of-ways are
not set forth in violation of 24 .7 .4 .5 .3 .3;
4. Proper Topography contours are not set
forth in violation of 24.7 .4 .5.3.7;
5. The location and design of storm water
management devices or structures are not set forth in
violation of 24.7 .4 .5 .3 .9;
6. Traffic circulation and parking plans
are not set forth in violation of 24 .7 .4 .5 .3 .10;
7 . Landscaping and screening information
is not set forth in violation of 24 .7 .4 .5 .3 .11;
f. The Extraction Plan Map submitted by Applicant
fails to meet the requirements of 44 .2 .2 of the above
referenced Zoning Ordinance in that:
7
1. An improper scale is used in violation
of 44.2.2;
2. Proper topography contours are not set
forth in violation of 44 .2 .2.2;
3. Size and location of proposed pit areas
are not set forth in violation of 44 .2 .2 .4;
4. Location of all proposed operating
structures are not set forth in violation o€ 44 .2 .2 .6;
5. The legal description set forth does
not include the total acreage of the parcel in violation of
44 .2 .2 .7;
g. The owners of the surface and mineral estates are
not set forth corrently on the application in violation of
44.1.2 and 44.1.3 of the above referenced Zoning Ordinance.
h. A noise report was not submitted in violation of
24.7.4 of the above referenced Zoning Ordinance.
i. Applicant failed to provide a detailed
description of operating methods as required by 44.1.7 of the
above referenced Zoning Ordinance in that:
1. Inadequate information was provided as
to the size of the area and the stages to be worked at any
one time as required by 44.1.7 .5; and
2. No time table for the various stages of
operation was provided as required by 44 .1 .7 .6 .
8
j. Applicant failed to submit a letter granting
Power of Attorney to the agent who signed the permit
application for Applicant as required by 24.7.5.1 of the
above referenced Zoning Ordinance.
k. Applicant failed to submit certification that
signs were properly posted regarding the Planning Commission
hearing and the hearing before Defendant Board as required by
24 .2 .2 .4 and 24 .4 .1 .5 of the above referenced Zoning
Ordinance.
1. Applicant failed to set forth the proper name of
the Applicant as required by 24.7.2.1 of the above referenced
Zoning Ordinance.
3. Applicant has the burden of showing compliance
with the standards and conditions set forth in Sections
24.4 .2 , 24 .5 and 24 .6 of the above referenced Zoning
Ordinance.
4. Defendant may not grant a special use permit if
standards and conditions of 24.4.2 , 24 .5 and 24.6 have not
been met.
5. No substantial evidence exists in the record
before Defendant Board, as required by the Zoning Ordinance,
to support approval and issuance of said permit.
6. That the Board, at the October 23 , 1985 hearing ,
while allowing Applicants an unlimited amount of time to
9
place testimony and evidence in the record and before the
Board without prior notice or warning, arbitrarily and
capriciously limited all those in opposition to the granting
of said permit to testimony of no more than three (3) minutes
duration.
6 . That said limitation denied those in opposition
to the granting of the subject permit the ability to fairly
and properly submit their case in opposition to said permit.
7. That Defendant, in granting the special use
permit to Front Range Sand and Gravel Co. , in the absence of
a proper application as required by the above referenced
Zoning Ordinance, acted without jurisdiction.
8. That Defendant, in granting the special use
permit to Front Range Sand and Gravel Co. , without having
before it a full and complete application as required by the
above referenced Zoning Ordinance, acted in an arbitrary and
capricious manner and abused its discretion.
9. That Defendant, in granting the special use
permit to Front Range Sand and Gravel Co. and, based upon the
record, acted in an arbitrary and capricous manner and abused
its discretion.
10. That Plaintiffs are persons who are adversely
affected or aggrieved by the actions of Defendant in that the
granting of the permit has, or will result in, a dimunition
10
of the value of Plaintiffs Pehrs' and Dechants ' real
property, increase and cause an unacceptable risk to the
persons of Plaintiffs by 1 ) increased travel upon the
adjoining public roads by Applicant' s vehicles , 2) an
intolerable increase in noise generated by Applicant's rock
crushing operations, 3) by the introduction of noxious fumes
and dust into the air breathed by said Plaintiffs, and 4) by
a reduction in the quality of said Plaintiffs' use and
enjoyment of the above referenced real property.
10. That said Plaintiffs had no plan, speedy or
adequate remedy.
SECOND CLAIM FOR RELIEF
1. Plaintiffs incorporate their First Claim for
Relief as if fully set forth herein.
2. That Defendant, in the granting of Applicant's
Special Use Permit is an "agency" as defined in the State
Administrative Procedures Act, C.R.S. 24-4-101 et seq. as
amended.
3. That the October 23 , 1985 and the November 13 ,
1985 hearings before Defendant Board were governed by the
requirements of C.R. S. 24-4-105.
4. That Defendant violated the requirements of
C.R.S. 24-4-105 in that it failed to allow Plaintiffs, as
parties to the proceedings, the opportunity to present their
11
case, to submit rebuttal evidence, and to conduct cross-
examinations of Applicant' s witnesses.
5. That Defendant denied Plaintiffs their rights to
a fair and impartial hearing on the merits of the
application.
6 . That the above referenced actions of Defendant
deprived Plaintiffs of their life, liberty or property
without due process of law , as guaranteed by the Fourteenth
Amendment of the United States Constitution and Article 2 ,
Section 25 of the Constitution of the State of Colorado.
7. That the actions of Defendant in granting the
above referenced special use permit were arbitrary or
capricious, a denial of their statutory right, contrary to
constitutional right, power, privilege or immunity, an excess
of statutory jurisdiction, authority, purposes , or
limitations, not in accordance with the procedures or
procedural limitations of the Administrative Procedure Act or
as otherwise required by law or ordinance, an abuse or
clearly unwarranted exercise of discretion, based upon
findings of fact that are clearly erroneous on the whole
record, and not supported by substantial evidence when the
record is considered as a whole, or otherwise contrary to
law.
8. That unless such agency action is postponed or
12
enjoined, Plaintiffs will suffer irreparable injury.
WHEREFORE, Plaintiffs prays for relief as follows :
1. That this Court issue its Order staying and
enjoining Defendant Board, its officer, agents, employees,
successors, and attorneys and all those in active concert or
participation with it, from taking any further action
regarding the application of Front Range Sand and Gravel Co.
for a special review permit and to stay or enjoin said Board
from issuing said permit or to otherwise postpone the
effective date of said permit pending resolution of this
action upon the merits;
2. That the Motion of Defendant Board granting the
special review permit to Front Range Sand and Gravel Co. be
set aside and held void ab initio.
3 . That this Court award Plaintiffs such other,
further and different as to the Court may seem meet and just
in the premises.
STATE OF COLORADO
ss
COUNTY OF ADAMS
I , Alice Pehr, Plaintiff in the above entitled
action, being first duly sworn, state that I have read and
subscribed to the foregoing Complaint and the facts set forth
therein are true and correct.
13
O(ioincv Lc" U2f'Ii�IPiV
A1io Pehr (,
The foregoing was acknowledged before me this
day of November, 1985 by Alice Pehr.
WITNESS my hand and official seal .
My commission expires
Notary Public
STATE OF COLORADO
ss
COUNTY OF ADAMS
I, William Pehr, Plaintiff in the above entitled
action, being first duly sworn, state that I have read and
subscribed to the foregoing Complaint and the facts set forth
therein are true and correct.
William Pehr
The foregoing was acknowledged before me this
day of November, 1985 by William Pehr.
WITNESS my hand and official seal .
My commission expires
Notary Public
STATE OF COLORADO
ss
COUNTY OF ADAMS
14
I, Alvin Dechant, Plaintiff in the above entitled
action, being first duly sworn, state that I have read and
subscribed to the foregoing Complaint and the facts set forth
therein are true and correct.
Alvin Dechant
The foregoing was acknowledged before me this
day of November, 1985 by Alvin Dechant.
WITNESS my hand and official seal .
My commission expires
Notary Public
STATE OF COLORADO
ss
COUNTY OF ADAMS
I, Josephine Dechant, Plaintiff in the above entitled
action, being first duly sworn, state that I have read and
subscribed to the foregoing Complaint and the facts set forth
therein are true and correct.
Josephine Dechant
The foregoing was acknowledged before me this
day of November, 1985 by Josephine Dechant.
WITNESS my hand and official seal .
My commission expires
Notary Public
15
PEHR, FOX AND PEHR, P.C.
gyr(f/,/71/ACI //, / l JAI
Richard L. Fuller 9731
Attorney for Plaintiffs
3380 W. 72nd Avenue
Westminster, Co. 80030
427-1516
16
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. 8J C- v I 011219—
MOTION FOR STAY AND TO ENJOIN,FOR ORDER TO SHOW CAUSE
AND TO CERTIFY RECORDS
ALVIN DECHANT, JOSEPHINE DECHANT,
ALICE PEHR and WILLIAM PEHR,
Plaintiffs
v
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
COMES NOW the Plaintiffs, by and through their
attorney Richard L. Fuller, and moves this Court pursuant to
Rule 106 C.R.C.P. and CRS 24-4-106 for an Order:
1. Staying all proceedings in the application of the
Front Range Sand and Gravel Co. for a special use permit for
sand and gravel mining before the Board of County
Commissioners, Weld County, Colorado, Docket No. 85-79,
2. Staying or otherwise Enjoining the issuance of
any such special use permit to Front Range Sand and Gravel
Co. by said Board of County Commissioners of postponing the
effective date thereof,
3. To show cause why the relief prayed for in
Plaintiff's Complaint, which has been contemporaneously filed
in this action, should not be granted and,
4. Requiring the Board of County Commissioners of
Weld County, Colorado, to certify to this Court a transcript
of the proceedings held before said Board on October 23, 1985
and November 13, 1985, and the transcript or record of any
other proceedings of said Defendant involving its actions
held in anticipation of the hearings held on the above listed
dates and as grounds therefor shown unto this Court that:
1. Plaintiffs have filed with the Court a Verified
Complaint setting forth claims pursuant to Rule 106 C.R.C.P.
and the Administrative Proceedures Act, CRS 24-4-101 et seq.
2. That the aforementioned transcripts and records
1
will be necessary for this Court to review the actions of the
Board of County Commissioners of Weld County, Colorado.
3. That Plaintiffs have no plain, speedy and
adequate remedy in this action.
4. That in the absence of an Order staying the
proceedings before the Board and the issuance by the Board of
a special permit as requested by Front Range Sand and Gravel
Plaintiffs will suffer irreparable injury as more fully set
forth in the accompanying affidavits of the Plaintiffs and
the verified Complaint filed herein.
WHEREFORE Plaintiffs pray that this Court issue its
Order:
1. Staying all proceedings in this matter before the
Board of County Commissioners;
•
2. Staying or enjoining the issuance of any special
use permit to Front Range Sand and Gravel Co. by said Board
of County Commissioners or postponing the effective date
thereof pending the final hearing and determination of this
action before this Court,
3. That the Court issue to Defendant Board of County
Commissioners of Weld County, a citation to show cause why
the relief prayed for herein shall not be granted and,
4. That the Court order said Defendant to certify to
this Court a transcript of the record of proceedings in all
matters relating to the grant of Front Range Sand and Gravel
Co.'s request for a special use permit for sand and gravel
mining and for such other further and different relief as to
the Court may seem meet and just in the premises.
/-//
Richard L. Fuller - 9/31
Attorney for Plaintiffs
3380 West 72nd Avenue
Westminster, Co. 80030
(303) 427-1516
2
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
gCe / 0 ‘06—
Case No. &J�
STAY OF PROCEEDINGS, CITATION AND ORDER TO SHOW CAUSE
ALVIN DECHANT, JOSEPHINE DECHANT,
ALICE PEHR and WILLIAM PEHR,
Plaintiffs
vs
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
THIS MATTER coming before the Court upon Plaintiff's
Verified Complaint and their Motion for Stay or to Enjoin,
for Order to Show Cause and to Certify Records, and the Court
having examined said Complaint and Motion, and being fully
advised in the premises, DOTH FIND:
1. That the Board of County Commissioners of Weld
County, Colorado, did on or about November 13, 1985, approve
the issuance of a special review permit for open mining
operations to Front Range Sand and Gravel Co.
2. Plaintiffs are owners of real property or reside
upon real property located in the immediate vicinity of said
mining property.
3 . That Plaintiffs have no plain , speedy and
adequate remedy at law.
4. That if the stay of the actions of the Board of
County Commissioners of the issuance of a permit to Front
Range Sand and Gravel Co. is not ordered by this Court,
Plaintiffs will suffer irreparable injury.
5. This this Court has jurisdiction of this action
pursuant to Rule 106 C.R.C.P. and CRS 24-4-11 et seq.
6. That a transcript of the proceedings in this
matter held before The Board of County Commissioners of Weld
County is necessary for complete adjudication of the claims
raised.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1
The Board of County Commissioners of Wel County,
C lorado c�rtify to this Court on or before the /% ' day of
lam),. 4 i _, 1985 , a transcript of the
proceedings held before said Board on October 23 , 1985 and
November 13, 1985 and a transcript or record of all other
proceedings, actions or activities, documents, evidence,
correspondence, communication, memorandum and ordinances of
the Board of County Commissioners of Weld County, Colorado or
any of its agents or employees, in conjunction with or
preparation for the hearings held before it on the dates set
, .out tabove, relating to the matters as set forth in
Plaintiff's Complaint. k
} ' ,
, IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT
•. Any and all further proceedings before the Board of
County Commissioners regarding said application of Front
Range Sand and Gravel Co. be and are hereby stayed and that
the issuance of a special review permit to Front Range Sand
and Gravel Co. is stayed, enjoined and postponed until
further Order of this Court.
• IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT:
• The Defend�* above named show cause, if any it has,
before me the day of 'CA.)7cJ4rq ,
at the hour of 4'. w o'clock O .M., or as soon
thereafter as counsel may be heard why the action taken by
the said Board of County Commissioners of Weld County,.
Colorado, granting the special review permit application of
Front Range Sand and Gravel Co. should not be set aside and
declared void ab initio. /
DONE IN OPEN COURT this /24 day of /�B7�m,b2it-
1985'
. :: BY THE COURT:
µ r Judge
Cectitiad to be a full, true d comet
cope of t: o inal'In cnv.�san ' c..
//"
mod'
;p111d' " aISfi"
.'' o
Cleerr k :"0f
C ntY
ora /r
BY ..,_. .. Pep ary
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No.
AFFIDAVIT OF WILLIAM PEHR
ALICE PEHR and WILLIAM PEHR,
Plaintiffs
vs
BOARD OF COUNTY COMMISSIONS OF
WELD COUNTY, COLORADO
•
Affiant being first duly sworn upon her oath deposes
and states as follows:
1. That I am the Plaintiff in the above entitled
action and make this affidavit in support of my Complaint and
Motion for Issuance of Stay and Order to show cause.
2. That I reside at the real property, more fully
set forth in Exhibit A which is attached hereto and
incorporated herein by reference, immediately adjacent to all
or a portion of the real property to be used in Front Range
Sand and Gravel Co.'s gravel pit operation.
3. That I will suffer irreparable injury, loss and
damage if an immediate stay of all proceedings before the
Board of County Commissioners of Weld County, Colorado,
regarding the application of Front Range Sand and Gravel Co.
for a special review permit for mining, the issuance of a
special review permit to said Front Range Sand and Gravel Co.
is not stayed, enjoined or otherwise postponed in that:
a. Hazards to travel upon Highway 52, which is
the principal mode of ingress and egress to and from my above
referenced residence, will be dangerously increased by heavy
equipment vehicles utilized by Front Range Sand and Gravel
pits immediately adjacent to said property;
b. Unacceptable noise levels emanating from
said gravel operations shall cause continuing physical and
emotional distress to me;
c. Noxious fumes and dust from said gravel
operations shall cause temporary and permanent physical
1
77
if
disability and injury to me.
4. I have personal knowledge of the facts alleged
herein and in the Complaint filed.
FURTHER AFFIANT SAYETH NAUGHT
_A
STATE OF COLORADO )
ss
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me
by William Pehr this 1.3 day of November , 1985 .
My Commission expires /0-o2a-gg
%I/St/A , tialla-o-t-
Notary Public
2
3 4 MARY ANN FEUERSTEIN
41112 OFFICE OF WELD COUNTY CLERK AND RECORDER
DEPARTMENT OF CLERK TO BOARD
PHONE (303) 356-4000 EXT4
'". O P.O. BOX 459
GREELEY, COLORADO 80631
COLORADO
November 8 , 1985
Richard Fuller
Attorney at Law
3380 West 72nd Avenue
Westminster, CO 80030-5375
Dear Sir:
On November 8 , 1985 , you and Mr. Bill Pehr were in our office and
inquired about Weld County' s policy regarding provision of a copy
of a transcript to Clerk to the Board' s Office.
Enclosed is a copy of Page 56 . 1 of the Administrative Manual
concerning Record of Land Use Hearings, a portion of which states:
" . . .Should any applicant or interested party to a proceeding wish
the presence of a court reporter, that party or applicant shall be
responsible for the cost of the appearance fee and any transcripts
of the record. The party shall also provide one copy of the
transcript to the Clerk to the Board of County Commissioners for
its record. "
Sincerely,
Mary 96 Feuerstein
Weld Cbunty Clerk and Recorder
Enclosure •
MEMORAfDUf
WIIDc. To County Attorney' s Office Date June 18 , 1926
COLORADO From Clerk to the Rnard ' a nffi re
Subject: CnstS - Front Rangy Sand and Gravel
Lee:
We estimate the costs to the Clerk to the Board' s Office,
concerning the Front Range Sand and Gravel matter, to be as
follows:
Copies - 4 files of 221 pages @ 10C per pg. = $ 88 . 40
Clerk' s time - 5 hours @ $15. 00 per hour = 75. 00
TOTAL = $163 .40
Tommie Antuna
Deputy County Clerk
MARY ANN FEUERSTEIN
lie
gar OFFICE OF WELD COUNTY CLERK AND RECORDER
: , DEPARTMENT OF CLERK TO BOARD• 11111
225
PHONE (3031 356-4000 EXT4' :
Co POOX459
GREELEY, COLORADO 80631
COLORADO
December 13 , 1985
Richard Fuller
Attorney at Law
3380 West 72nd Avenue
Westminster, CO 80030-5375
RE: Case No. 85CV1065
Dear Mr. Fuller:
This is to advise you that this office did, on December 12 , 1985 ,
submit to the Weld County District Court, the record concerning
Case No. 85CV1065, Alvin Dechant, et al. , vs. Board of County
Commissioners of Weld County, Colorado.
It is our understanding that your office will furnish the Court a
copy of the transcript, as stated by you in the telephone
conversation on December 11 , 1985 .
Sincerely,
C//JCu/v� 7ei-A-2c-ace<--v..
Mary(Ann Feuerstein
Weld County Clerk and Recorder
maf/ta
xc: District Court and file
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