HomeMy WebLinkAbout940465.tiff c• DISTRICT COURT,WELD COUNTY,COLORADO
Case No. 94 CV 9
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OPP, ARVIN OPPER,
SHARON HOPPER, ROBERTONKLE, VIVIEN KONKLE,ST3ANLEYdOLSO Hand AL
ROBERTS,
Plaintiffs,
vs.
BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO;•and THE VILLA AT
GREELEY, INC.,
Defendant
THE PEOPLE OF THE STATE OF COLORADO TO 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.
Dated: January 10, 1994.
HOPP, KAPSAK & ASSOCIATES, P.C.
Clerk of Said Court Justin i; #21821
Atto laintiffs
2130 Mountain View Avenue
Longmont, Colorado 80501
Phone: (303) 776-4045
Fax: (303) 776-8709
By
Deputy Clerk
[Seal of Court' mended. A copy of the��Q� serrvsed witthhothis1Summon issued s. This[form should not be used where servicC., as e by publication is desired.Complaint must be
bo �-/ (e41-0)
er ) 940465
0lI I�I� I PLO(OC •
DISTRICT COURT, WELD COUNTY, COLORADO
Case No. 1 / C
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' N
LARRY ABBOTT, SUSAN HALKIN, PAUL - "
HALKIN, CONRAD HOPP , MARVIN
HOPPER, SHARON HOPPER, ROBERT
KONKLE, VIVIEN K ONKLE, STANLEY
OLSON, and AL ROBERTS,
Plaintiffs,
vs.
B OARD OF COUNTY COMMISSIONERS,
WELD COUNTY, COLORADO; and THE
VILLA AT GREELEY, INC.,
Defendants.
1. Defendant Board of County Commissioners of Weld County, pursuant to
Home Rule Charter, is vested with the authority to administer the affairs of
Weld County.
2. On May 8, 1989, approved a Planned Unit Development (PUD), pursuant
the Weld County Zoning Ordinance, for a parcel of land which included the
following described real estate (referred to hereafter as the property):
Part of the SW1/4 of Section 2, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado. This land is located in the 1st Filing,
Fort Junction PUD.
Hopp,Kapsak&Associates,p.c.
2130 Mountain View Avenue,Longmont,Colorado 80501 Phone 303-776-4045 Fax 303-776-8709
•
3. Such PUD allowed uses that did not include a prison on the subject prop-
erty. The specific use contemplated for such PUD was a church.
4. Upon information and belief, the PUD was abandoned due to a failure of
the landowner to comply with annual reporting requirements of the Weld
County Zoning Ordinance.
5. Upon abandonment of such PUD, the zoning of the subject property
would revert to agricultural uses under the Weld County Zoning Ordinance.
5. Defendant, The Villa at Greeley, Inc., thereafter made application for a
Site Specific Development Plan and Planned Unit Development Plan on the
property, describing the proposed use for the property as a "pre-release cor-
rection facility."
6. The proposed "pre-release correction facility" will house persons con-
victed of crimes, after they have been sentenced, and will include locks,
perimeter fences, guards, and other features of prisons.
7. The proposed "pre-release correction facility" is a prison, which use is
not allowed and is specifically forbidden by the zoning applicable to the
subject property.
8. To the extent that The Villa at Greeley, Inc. seeks to establish a use not
allowed by current zoning for the subject property, and to the extent the
Weld County Commissioners seek to allow a use not allowed by current
zoning for the subject property, such use would have to be allowed only pur-
suant to a rezoning of the subject property.
9. The actions of the Weld County Commissioners do not constitute a
rezoning of the subject property pursuant to requirements of the Zoning
Ordinance.
10. On December 8, 1993, the Weld County Commissioners approved the
avp c '_C: of The Villa at Greeley, It for establishment of the prison
called a "pre-release correctional facility" on the subject property.
11. Such act of the Weld County Commissioners was unlawful and beyond
the jurisdiction and power of the Commissioners because the use approved
by them violates applicable zoning for the subject property.
Hopp,Kapsalc I associates,p.c.
2130 Mountain View Avenue,Longmont,Colorado 80501 Phone 303-776-4045 Fax 303-776-8709
3
12. To the extent that the act of the Weld County Commissioners on De-
cember 8, 1993, purports to be a change in the zoning of the subject prop-
erty, such act is unlawful because a change of zoning uses must be accom-
plished by application for change of zone to a new Planned Unit Develop-
ment District, which application was never made for the subject property.
13. Each plaintiff is an owner of property in Weld County, Colorado, whose
property in the vicinity of the subject property, or is a resident of Weld
County who resides in the vicinity of the subject property, and whose rights
would be adversely affected by the action of the Weld County
Commissioners on December 8, 1993.
14. Plaintiffs bring this action pursuant to COLO. R. CIV. PROC. 106.
WHEREFORE, Plaintiffs pray for judgment as follows:
A. Requiring the defendant Weld County Board of Commissioners
to certify all records concerning this matter to this Court and to
show cause why the December 8, 1993 action of such Board of
Commissioners should not be declared null, and why the
additional relief requested by plaintiffs herein should not be
granted.
B. Declaring the December 8, 1993 action of the Weld County
Board of Commissioners, which approved the application of de-
fendant The Villa at Greeley, Inc. for a Site Specific Develop-
ment Plan and Planned Unit Development Plan on the subject
property, to be null, void, and of no effect;
C. Enjoining and prohibiting the Weld County Board of Commis-
sioners from allowing any actions to be taken by The Villa at
Greeley, Inc. or any other person or entity to begin construction
of any improvements upon the subject property, and requiring
any owner of the subject property to seek proper approval for
. u y proposed use of the prcperzy not allowed by current zoning.
The plaintiffs further pray for their costs, and such other relief as this Court
may deem appropriate in the circumstances.
Hopp, Kapsak&Associates,p.c.
2130 Mountain View Avenue,Longmont, Colorado 80501 Phone 303-776-4045 Fax 303-776-8709
4
HOPP, KAPSAK & ASSOCIATES,
P.C.
By`/ Q < �1✓
\Justin i •, No. 21821
Attorneys for Plaintiffs
2130 Mountain View Avenue
Longmont, Colorado 80501
Phone: (303) 776-4045
Fax: (303) 776-8709
Addresses of Plaintiffs:
Larry Abbott, 5825 Weld County Road 22, Long-
mont, Colorado 80504;
Susan Halkin and Paul Halldn, 4895 Weld County
Road 22, Longmont, Colorado 80504;
Conrad Hopp, 11413 Weld County Road 13,
Longmont, Colorado 80504;
Marvin Hopper and Sharon Hopper, 3656 Weld
County Road 20 and 1/2, Longmont, Colorado
80504;
Robert Konkle and Vivien Konkle, 9893 Weld
County Road 11, Longmont, Colorado 80504;
Stanley Olson, 4306 Weld County Road 22,
Longmont, Colorado 80504; and
Al Roberts, 3494 Fairways Drive, Platteville, Col-
orado 80651
Hopp,Xapsak do mg.-It-lams,p.c.
2130 Mountain View Avenue,Longmont,Colorado 80501 Phone 303-776 4045 Fax 303-776-8709
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