HomeMy WebLinkAbout950589.tiffHAYES, PHILLIPS, MALONEY & HADDOCK, P.C.
Attorneys at Law
Suite 450, The Market Center
1350 Seventeenth Street
Denver, Colorado 80202-1517
(303) 825-6444
Telecopier: (303) 825-1269
John E. Hayes
Herbert C. Phillips
James S. Maloney
Kathleen E. Haddock
M. Susan Lombardi
Bradley N. Shefrin
Corey Y. Hoffmann
VIA FACSIMILE AND REGULAR MAIL
March 2, 1995
Board of County Commissioners
Weld County
915 10th Street
Greeley, CO 80631
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 1948
Greeley, Colorado 80632
Re: Petitions to Amend Home Rule Charter for Weld County
Dear Ladies and Gentlemen:
As you are aware, this office represents the petitioner's
representatives relative to the above captioned matter. In that
capacity I am in receipt of the letter of March 1, 1995, from
County Clerk and Recorder Tsukamoto certifying to you that
sufficient signatures have been obtained on petitions filed with
that office to invoke the election provisions of the Home Rule
Charter for Weld County. The purpose of this letter is to state to
you the position of my clients with regard to the setting of that
election, and the taking of any actions by you or other County
agencies or offices pending that election.
Both this office and my clients are, of course, aware that you
as a Board of County Commissioners have approved the proposed pre -
parole facility through the County's normal zoning and plat
approval process, and are not sympathetic with the position
asserted by my clients. That fact aside, however, my clients have
followed a State Constitution and County Home Rule Charter
authorized process to take this matter to the voters of the County
as a whole. The sheer magnitude of the effort which these people
have undertaken, successfully if I may add, to get this question to
the ballot should be testament to the sincerity of their position,
whether or not you individually or as an elected official agree
with their position.
3/2/9s -7m
Ci\N➢OOCB\DJC/a6NT\auucs1P.zni
950589
Bruce T. Barker, Esq.
March 2, 1995
Page 2
By separate correspondence of February 22, 1995, I have
advised the County Attorney, and I hereby appeal to you directly
and publicly, to withhold the issuance of any permits to the
operator of the proposed pre -parole facility in question, or to
anyone on its behalf, pending the results of the election which is
now mandated by the petitions filed with the County Clerk and
Recorder. While the proposed operator of that facility may have
attained "vested rights" under C.R.S. 24-68-101 et seq. by virtue
of the virtually uncontested civil action which resulted in the
Order Granting Motion For Judgment On The Pleadings and Declaratory
Judgment being entered on February 13, 1995, there is a legitimate
and legally recognized difference between having attained "vested
rights" on the one hand and being entitled to build and occupy an
improvement in view of the "pending ordinance" doctrine on the
other. Based upon the certification of the County Clerk to you as
to the sufficiency of the petitions calling for the election in
question, I respectfully assert to you that, even if you were to
argue that the "pending ordinance doctrine" was not applicable
before March 1, 1995 (an assertion with which I would respectfully
disagree), that doctrine is now in effect as to this matter.
While I acknowledge fully and without condition that you
should rely on your very capable County Attorney and Deputy County
Attorney for legal advice in this and all other matters, I wish
for you to be clear in your understanding that the position of the
petitioners is that should the County voluntarily issue any permits
from this date forward with knowledge of the pendency of the
Charter amendment and election thereon, the County will have placed
the residents and taxpayers of the County in the position of facing
additional damages under the "vested rights" statute relied upon by
by The Villa At Greeley, Inc.
We therefor respectfully request that you set this election at
a reasonable date more toward the middle than the end of the
Charter -designated time frame available to you in your discretion,
and that you refrain from issuing any additional permits of any
kind or description whatsoever to The Villas At Greeley, Inc., or
anyone on their behalf, pending the results of that election.
Thank you for your consideration in this matter, and please
feel free to contact me should you have any questions or should you
require any additional information.
cc: Marvin (Bud) Hopper
V2/95 -.7TH
C.WPMCP R.LSR
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