HomeMy WebLinkAbout971748.tiffDISTRICT COURT, WELD COUNTY, COLORADO ..- . r•- 2: L13
CASE NO. 9 7 C V 3 SLO Div/CtRm
SUMMONS
TO I;1.11
ELIZABETH A. WILSON and RICHARD L. WILSON,
Plaintiffs,
vs.
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO,
Defendants.
The People of the State of Colorado
To the Defendant(s) named above:
You are summoned and required to file with the clerk of this court an answer or other
response 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.
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 any further notice to you.
The following documents are also served with this summons:
Date: 4rsik,/Q7
`-Thomas E. Hellerich #2159
Attorney for Plaintiffs
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.
CL :
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971748
RETURN OF SERVICE
STATE OF COLORADO )
COUNTY OF WELD
)ss.
)
I declare, under oath, that I served his summons and a copy of the complaint in this
case on in County, Colorado on
, 199 , at o'clock _.M., at the following
location:
Check one:
by handing it to a person identified to me as the Defendant.
by leaving it with the Defendant who refused service.
by leaving it with designated to
receive service for the Defendant.
I am over the age of 18 years and am not interested in nor a party to this case.
I attempted to serve the Defendant on occasions but have not been able to
locate the Defendant.
Return to the Plaintiff is made on , 199 .
Subscribed and sworn to before me this day of
in County, State of
Notary Public
Address
My commission expires:
, 1995,
Date
Private process sewer
Sheriff, County
Service $ _
Mileage $
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. G'7 C �VJlO Division I
COMPLAINT PURSUANT TO RULE 106 C.RC.P.
ELIZABETH A. WILSON and RICHARD L. WILSON,
Plaintiffs,
vs.
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO,
Defendants.
COMES 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 residents of Weld County, Colorado and were the applicants in Case
#ZPAD79 for an accessory dwelling permit.
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 denying a permit pursuant to an application of the Plaintiffs for an accessory dwelling
permit in an agricultural zone.
4. On April 30, 1997, a public hearing was held before the Board of County
Commissioners concerning a request for the permit for an accessory dwelling as submitted by the
Plaintiffs.
5. Plaintiffs were notified of the Revised Resolution by mail, by letter dated May 15,
1997, and postmarked May 16, 1997. A copy of the letter and envelope is attached hereto, marked
"Exhibit A", and incorporated herein by reference.
6. At the conclusion of said public hearing the Defendant, Board of County
Commissioners adopted a Resolution denying the requested permit.
7. In denying the Plaintiffs 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 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 to be null and void; to remand
the matter to the Board of County Commissioners with orders to vacate its Findings, Orders and
Resolutions enacted with respect thereto, and to approve the Plaintiffs application for a permit for
an accessory dwelling in an agricultural zone.
Dated this /%,n, day of June, 1997.
DOYLE, OTIS, FREY & HELLERICH, LLC
PLAINTIFFS ADDRESS:
6707 WCR 19
Ft. Lupton, CO 80621
Thomas E. Hellerich #2159
Attorney for Plaintiffs
1812 56th Avenue
Greeley, CO 80634
(970) 330-6700
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COLORADO
MEMORANDUM
TO: Elizabeth Wilson
FROM: Clerk to the Board
SUBJECT' WAD #79
May 15, 1997
Attached is a copy of the revised Resolution of the Board regarding your case.
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