HomeMy WebLinkAbout970332.tiffDISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No.
SUMMONS - CIVIL
EUGENE L. HABROCK, PAMELA A. HABROCK, LIND FARMS, INC., JOYCE A.
LIND, ELLEN MARIAN NASHLAND, DANIEL J. RAUH and WENDY RAUH,
Plaintiffs,
v.
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY COLORADO, AND
JACOB W. HIRSCH, III d/b/a HIRSCH DAIRY,
Defendants.
THE PEOPLE OF THE STATE OF COLORADO TO THE DEFENDANT NAMED ABOVE:
You are summoned and required to file with the clerk of this court
an Answer or other defense to the attached Complaint within twenty
(20) days after this Summons is served on you in the State of
Colorado, or within thirty (30) days after this Summons is served
on you outside the State of Colorado, or by publication.
If you fail to file your Answer or other defense to the Complaint
in writing, as required by Colorado Rules of Civil Procedure,
within the applicable time period, judgment by default may be
entered against you by the court for the relief demanded in the
Complaint, without any further notice to you.
The following documents are also served with this Summons and
Complaint: none
DOYLE, OTIS, FREY & HELLERICH, LLC
By:C-�'�'-- a �- 6
Thomas E. Hellerich #2159
Attorney for Plaintiff
1812 56th Avenue
Greeley, CO 80634
(970) 330-6700
This Summons is issued pursuant to Rule 4, CRCP, as amended. A
copy of the Complaint must be served with this Summons. If served
by Publication, Summons shall briefly state sum of money or other
relief demanded.
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970332
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. Division I
COMPLAINT PURSUANT TO RULE 106 C.R.C.P.
EUGENE L. HABROCR, PAMELA A. HABROCE, LIND FARMS, INC., JOYCE A.
LIND, ELLEN MARIAN NASHLAND, DANIEL J. RAUH and WENDY RAUH,
Plaintiffs,
v.
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY COLORADO, AND
JACOB W. HIRSCH, III d/b/a HIRSCH DAIRY,
Defendants.
COME NOW the Plaintiffs by and through their attorneys, DOYLE,
OTIS, FREY & HELLERICH, LLC, by Thomas E. Hellerich and pursuant to
Colorado Rules of Civil Procedure, Rule 106(a)(4) and for their
Complaint against the Defendants hereby allege and state as
follows:
1. The Plaintiffs are all residents of Weld County, Colorado
and own property adjoining or in the vicinity of that owned by the
Defendant, Jacob W. Hirsch, III.
2. Weld County is a body corporate and politic capable of
suing and being sued in its own name. The Defendant, The Board of
County Commissioners of Weld County ("Board of County
Commissioners") exercises the powers granted to Weld County.
3. The Defendant, Board of County Commissioners, was acting
in a quasi-judicial manner in granting a permit pursuant to a Use
by special Review application ("USR") to the named Defendant, Jacob
Hirsch, III ("Hirsch").
4. The Defendant, Hirsch, owns real property in Weld County
and was the applicant for the USR.
5. On December 16, 1996 a public hearing was held before the
Board of County Commissioners concerning a request for a USR as
submitted by the Defendant, Hirsch.
6. At the conclusion of said public hearing the Defendant,
Board of County Commissioners, adopted a Resolution approving and
granting the USR.
7. In granting the USR application and adopting the
Resolution, the Board of County Commissioners acted arbitrarily and
capriciously, abused its discretion, exceeded its jurisdiction,
acted contrary to the previously adopted Comprehensive Plan and
Zoning Ordinance, acted contrary to State statutes and regulations,
failed to enforce the existing Zoning Ordinance, acted contrary to
its own rules and regulations, and denied the Plaintiffs procedural
and substantive due process of law.
8. That Plaintiffs have no plain, speedy and adequate remedy
otherwise provided by law.
WHEREFORE, Plaintiffs pray that this Court review the acts of
the Board of County Commissioners; declare the act of the Board of
County Commissioners granting and approving the USR to be null and
void; require the Board of County Commissioners to enforce the
existing Zoning Ordinance and remand the matter to the Board of
County Commissioners with orders to vacate its Findings, Orders and
Resolutions enacted with respect thereto.
Dated: January 14, 1997
DOYLE
ByI
S, FREY & HE
Thomas E. Hellericli #2159
Attorney for Plaintiff
1812 56th Avenue
Greeley, CO 80634
(970) 330-6700
Plaintiff's Names and Addresses:
Eugene L. Habrock and
Pamela A. Habrock
P. O. Box 178
Severance, CO 80546-0178
Lind Farms, Inc.
38241 WCR 23
Eaton, CO 80615
Joyce A. Lind
38801 WCR 27
Eaton, CO 80615
Ellen Marian Nashland
P. O. Box 125
Severance, Co 80546
Daniel J. Rauh
Wendy Rauh
11570 WCR 78
Eaton, CO 80615
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