HomeMy WebLinkAbout972790.tiffDISTRICT COURT, WELD COUNTY, COLORADO
CASE NO. y'7 Ca 263 Div/CtRm /
SUMMONS - CIVIL
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27 PI 3 02
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TO THE R F,,m i
EUGENE L. HABROCK, PAMELA A. HABROCK, LIND FARMS, INC., JOYCE A. LIND,
ELLEN MARIAN NASHLAND, DANIEL J. RAUH and WENDY RAUH,
Plaintiffs,
vs.
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 Defendants 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 upon 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
DOYJ.1✓ OTIS, FREY & HELLERICH, LLC
Date: /o2
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.
1301 1)7711
usXie19/
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972790
DISTRICT COJJRT, COUNTY OF WELD, STATE OF COLORADO
Case No. 677 C 0 %(n 3 Division I
COMPLAINT PURSUANT TO RULE 106 C.R.C.P.
EUGENE L. HABROCK, PAMELA A. HABROCK, LIND FARMS, INC., JOYCE A LIND,
ELLEN MARIAN NASHLAND, DANIEL J. RAUH and WENDY RAUH,
Plaintiffs,
vs.
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"), and granting approval of the Manure and Wastewater
Management Plan submitted by Hirsch.
4. The Defendant, Hirsch, owns real property in Weld County and was the applicant for
the USR.
5. On November 5, 1997 and November 19, 1997, additional public hearings were held
before the Board of County Commissioners concerning a request for a USR as submitted by the
Defendant Hirsch for approval of the Manure and Wastewater Management Plan submitted by Hirsch
Dairy.
6. At the conclusion of said public hearings the Defendant, Board of County
Commissioners, adopted a Resolution approving the Manure and Wastewater Management Plan.
7. In granting the USR application and adopting the Resolution approving the Manure
and Wastewater Management Plan, 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
Manure and Wastewater Management Plan 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 this 18th day of December, 1997.
DOYLE, OTIS, FREY & HELLERICH, LLC
Thomas E. Hellerich #2159
Attorney for Plaintiff
1812 56th Avenue
Greeley, CO 80634
(970) 330-6700
PLAINTIFFS' 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
2
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
3
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