HomeMy WebLinkAbout700430.tiff COPY
SUMMONS IN CIVIL. ACTION FORM D-I
Court Filing Stamp
IN TIC.DISTRICT COURT IN AND FOR THE
COUNTY OF UMW AND
STATE OF COLORAD
CIVIL ACTION NO --2194.417 DIV
A. H. MILLER, DORIS CKERSON, ALVIeI WELD CO. COMMISSIONERS
DECHANT, FRANK VO4EL, ERNEST TERRY, A.L. OR EEtfM,-G04G
LUFIr, CARL CARY, ALICE. E. PEIIR, JACK RECEIVED
BERGER, SR., JACK BE ER, JR., FRANK APR 8 1970
St7CItLA, SHELDON SICKLER and AUGUST
flLINE, 11.M.
G
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PLAINTIFF_.S., %'..e,e A .t„(s,f; J
�$ SUMMONSti . (Z- 7/4/
THE BOARD OF COUNTY COl9.l4ISSIONr+lkS OP rpm
COUNTY OF WELD, STATE OF COLORADO;
HAROLD ANDERSON, MARSHALL ANDERSON and
GLENN BILLINGS, constituting the Board o
County CommiSoillEARin-tWitlikirtierty nz
Weld, State or de1!r'rs°ae , arid._
NORDEN DEFENDANT..3.
THE PEOPLE OF THE STATE OF COLORADO
Pb the`abd4e named defendants..,GREETING:
You are hereby summoned and required to file with the clerk an answer to the complaint within 20
[lays-after sereiee'=of iris summan$=upon'you. If you=fail so to=do,juagindnt by-defaudrwilf tsi taken
against you for the relief demanded in the complaint.
If service upon you is made outside the State of Colorado, or by publication, or if a copy of the
complaint be not served upon you with this summons,you aresequired to file youranswer-to the complaint
within 30 days after service of this summons upon you.
Thisisanaction• for injunctive relief as more fully set forth
in the complaint attested
Dated 4RK:il 7 , 19- 70
Clerk of the District Court yill.iam Pei1c Attorney for Plaintiff
33S0 Neat 72nd Ave.
aattMins ter., Colors o X30030
ffiY '• :. 429 15.26
Deputy Clerk Address of Attorney
(SEAL OF THE COURT)
Note—This summons is issued pursuant to Rule 4,Colorado Rules Civil Procedure.
'If the summons is published or served without a copy of the complaint,after the word"action"state the relief demanded.
If body execution is sought the summons must state,"This is an action founded upon tort."
700430
STATE OF
COUNTY OF
�ss
I hereby certify that I have duly served the within summons this
day of: 19 ,by*
E
STATE OF ' "-
COUNTY OF ss.
, the affiant, being sworn, says:
that affiant is over the age of eighteen years and is not a party to this action; and that affiant has duly
served the within summons by's
- -{ _ . ._
.61
Subscribed,and sworn.to_before.me this day of , 19
' My commission expires
[Seal of Notary]
*State date, place and manner of service. ` `rgRotary Public.
. E 1, j/ 1'4 . 'to
E7fPENSL O�F'SE�VICE - , _
Fees .
Mileage
-511
51
Total $
i
IN TILE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND
STATE OF COLORADO
Civil Action No
A. H. MILLER, DORIS ACKERSON, )
ALVIN DECHANT, FRANK VOGEL, )
ERNEST TERRY, A. L. LUFT, CARL )
CARY, ALICE E. FEAR, JACK BERBER, )
SR., JACK BERGER, JR., FRANK )
SUCKLA, SHELDON SICKLE* and )
AUGUST GETL INE, )
)
Plaintiffs, )
)
vs ) COMPLAINT
)
THE BOARD OF COUNTY COMMISSIONERS )
OF THE COUNTY OF WELD, STATE OF )
COLORADO: HAROLD ANDERSON, )
MARSHALL ANDERSON and GLENN )
BILLINGS, constituting the Board )
of County Commissioners of the )
County of Weld, State of Colorado, )
and GEORGE NORDEN, )
)
Defendants. )
)
Plaintiffs complain and allege against Defendants as
follows:
FIRST CLAIM FOR RELIEF
1. That the Plaintiffs are residents of geld County,
Colorado, and are owners of certain real property lying adjacent
to or in the immediate vicinity of a tract of land lying in the
5W14 of Section 2, Township 1 North, Range 67 West of the 6th P.M.,
weld County, Colorado, containing approximately 45 acres, more or
less, and lying southerly of the Bull Ditch.
2. That the Defendant Hoard of County Commissioners
of the County of Weld, State of Colorado, is a body politic
organized and existinj pursuant to the Constitution of the State
of Colorado and the statutes thereof.
3. That the Defendant George Norden is the owner or .
purchaser of a 45-acre tract of land situated in the 4Wi of
Section 2, Township 1 North, Range 67 West of the 6th P.M.,
Weld County, Colorado, and lying southerly of the Bull Ditch.
4. T as t the Defendant Norden has heretofore commenced
the construction of a sanitary lanvd fill and trash dump without
first obtaining approval of the Beam of County Commissioners of
Weld County, Colorado.
5. That the Board of County Commissioners of Weld
County, Colorado, has heretofore declared, contrary to the laws
and statutes of the State of Colorado, and the zoning Resolution
of weld Cot ty, Colorado, their intent to approve and grant to
Defendant Norden a permit to conduct and operate a sanitary land
fill and trash dump on the lands heretofore described.
6. The Board of County Commissioners has heretofore
failed and refused to hold a public hearing, affording the
Plaintiffs and any other persons having objection to the issuance
of the permit for a sanitary land fill or trash dump, the opportunity
to present evidence as to the loea►tion of the sanitary land fill
sought by the Defendant Norden.
7. That the declaration of the Board of County
Commissioners to issue a permit to the Defendant Norden is contrary
to the Weld County Zoning Resolution, the statutes of the State
of Colorado, the fifth and Fourteenth Amendments to the
Constitution of the United States of America and Article II of
the Constitution of the ;Mate of Colorado, and constitutes the
deprivation and taking of private property without due process
of law.
3. That the determination by the Board of County Coa•tissioners
to grant the said pernit to Defendant Norden, without a public
hearing, without the taking of evidence, and without giving
notice to the general public, and t 'e Plaintiffs herein, or to
-2-
other persons who might be interested in the location thereof,
constitutes an abuse of their discretion and an act in excess of
their jurisdiction.
9. That the issuance of the permit for a sanitary land
fill and trash dui will be injurious to the Plaintiffs' property
and rights and will cause a dimunition in the value thereof and
will deprive them of their property or the full enjoyment
thereof without first affording to then dueprocess guaranteed to
them pursuant to the Constitutions of the United States of
America and the State of Colorado.
10. That the Plaiati.ffa have no plain, speedy and adequate.
remedy at law, and will sustain irreparable harm and damage.
11. That the Board of County Commi s s i oner s be ordered
and directed to certify to this Court, at a time specified, a
transcript of the records and proceedings h,ad in this matter to
date hereof, and all hearings heretofore conducted, if any, and
that a citation be issued directing the Defendant Board of
County Commissioners to deny the application for a permit
requested by the Defendant Norden, or in the alternative to
show cause why they should not do so within the time and manner
specified by this Court; and to require the Board of County
Commissioners to hold a public hearing, if the Court so determines.
WHEREFORE, the Plaintiffs prays
1. That the Court issue a citation to the Defendant
Board of County Commissioners of Weld Coury, Colorado, ordering
and directing them to certify to this Court a transcript of the
records and any proceedings on said application and hearing, if
any; , to deny said application by the Defendant Norden for a
sanitary land fill or trash dump, and to stay all proceedings,
including the issuance of any permits, or the expenditure of
.3-
any moneys by the County in behalf of Defendant Norden, pending
the result of this action, and to show cause why the same should
not be done in such manner and at such time as the Court may
direct.
2. That this Court issue a temporary restraining order,
restraining and enjoining the Defendant Hoard of County
Commissioners of Weld County, Colorado, their agents, attorneys
and employees, from issuing a permit to the Defendant George
Norden for the construction and operation of a sanitary land
fill in and upon the SWI4, Section 2, Township I North, Range
67 West of the 6th P.M., Weld County, Colorado.
3. For a preliminary injunction restrth ing and enjoining
the Defendant Board of County Commissioners of Weld County,
Colorado, their agents, attorneys and employees, from issuing
a permit to the Defendant George Norden for the construction and
operation of a sanitary land fill in and upon the SWil. Section 2,
Township 1 North, Range 67 West of the 6th P.M., Weld Co*y,
Colorado.
4. For a permanent injunction enjoining and restraining
the Defendants, and each of them, their attorneys, agents and
employees, from issuing any permit or license for the operation
or construction of a sanitary land fill or trash dump in and upon
the SW4, Section 2, Township 1 North, Range 67 West of the 6th
P.M., Weld County, Colorado, and for a mandatory injunction
requiring the Defendant Norden to restore the land to its original
condition and for such other and further and different relief
as to the Court may seem meet and just in the premises.
S. That if the Court determine that the weld County Zoning
Resolution, insofar as applicable to sanitary land fills, does
not violate the Constitutions of the United States of America
-4-
or the State of Colorado, to order the Board of County Commissioners
to conduct a public hearing affording the Plaintiffs and all other
persons the opportunity to present evidence in objection to the
issuance of the permit.
6. For costs incurred herein and for such other, further
and different relief as to the Court may seem meet and just in
the premises.
SECOND CLAIM FOR RELIEF
1. Plaintiffs incorporate herein by reference all of
the allegations contained in paragraphs 1 through 11 of the
foregoing First Claim for Relief with the same force and effect
as if herein fully set forth in detail.
2. That the Weld County Zoning Resolution is so vague
and indefinite, insofar as it relates to the "sanitary land fill
areas", that it fails to set forth standards and guides as to
where and how said sanitary land fill locations are to be
determined, the protection afforded the general residents from
harm and damage, and as such is violative of the due process
clause of the Contitution of the United States of America,
particularly the Fifth and Fourteenth Amendments, and the
Constitution of the State of Colorado, particularly Article II
thereof.
wHERBPORS, Plaintiffs pray:
1. That this Court enter its judgment and decree
declaring the Weld County Zoning Resolution, insofar as it
applies to sanitary land fills, to be null and void and of no
force and a€fect, and to permanently enjoin the Defendants, and
each of them, their attorneys, agents and employees, from issuing
any permits or conducting any hearing thereunder.
2. For costs incurred herein.
3. For a temporary restraining order, restraining and
enjoining the Defendants, and each of them, their attorneys,
agents and employees, from issuing any permits or conducting
any, hearing under the Weld County Zoning Resolution.
4. For a preliminary injunction, restraining and
enjoining the Defendants, and each of them, their attorneys,
agents and employees, from issuing any permits or conducting
any hearings.
5. For such other, further a►nd different relief as
to the Court may seem meet and just in the premises.
•
William ?ehr
Attorney for Plaintiffs
3380 west 72nd Avenue
Westminster, Colorado 80030
429-3576
Plaintiffs' Address:
Fort Lupton. Colorado
STATE OF COLORADO )
) ss
COUNTY O3' WELD )
A. H. Miller, Doris Ackerson, Alvin Dechant, Frank
Vogel, Ernest Terry, A. L. Luft, earl Cary, Alice E. Pehr,
Jack Berger, Sr., Jack Berger, Jr., Frank Suckle, Sheldon
Sickler and August Getline, being of lawful age and being
first duly sworn upon their oath, depose and states That
they are the Plaintiffs herein, that they have read the
foregoing Complaint, know the contents thereof, and that the
same is true of their own knowledge and belief.
A. H. Miller
Doris Ackerson
Alvin Dechant
Frank Vogel
Crne t Terry
A. L. Luft
L:
tI'
t f � Carl Cary
xt.
Alice E. Pehr
Jack Berger, Sr.
Jack Berger, Jr.
Frank Suckle
Sheldon Sickler
August Getline
Subscribed and sworn to before me this 7th day of April, 1970.
My commission expires
Notary Public
IN TU,E DISTRICT COURT IN AND FOR TI'
COUNTY OF WELD AND
STATE OF COLORADO
Civil Action No
A. H. MILLER, DORIS ACZER$ON, )
ALVIN DECEANT, FRANK VOGEL, )
ERNEST TERRY, A* L. LUFT, CARL )
CARY, ALICE E. FEHR, JACK BERGER, )
SR., JACK BERGER, JR., FRANK )
SUCKLA, SHELDON STICKLER and )
AUGUST GETLINE, )
)
Plaintiffs, )
MOT MON FOR TEMPORARY
vs ) RESTRAINING ORDER
)
THE BOARD OP COUNTY COMMISSIONERS )
OF THE COUNTY OF WELD, STATE OF )
COLORADO; HAROLD ANDERSON, )
MARSHALL ANDERSON and GLENN )
BILLINGS, constituting the Board }
of County Commissioners of the )
County of Weld, State of Colorado, )
and GEORGE NOiRDEN )
)
Defendants. )
)
The Plaintiffs, by their attorney, William Rehr, show to
the Court that they have, heriofore filed their complaint herein;
praying that the Board of County Commissioners of weld County,
Colorado, their agents, attorneys and employees, be restrained
from issuing a permit to Defendant George Norden for the
construction and operation of a sanitary land fill in and upon
the SW1, section 2, Township 1 North, Range 67 west of the 6th
P.M., Weld County, Colorado and that all proceedings be stayed,
and that the Plaintiffs are in fear that unless restrained the
Defendants will issue said permit, and as grounds in support
thereof, Plaintiffs show to the Court as follows;
1. That the Plaintiffs will be irreparably damaged, and
factually, that the Plaintiffs are owners and possessors of real
property in the immediate vinicity or lying adjacent to a tract
of land located in the SWIAI of Section 2, Township 1 North,
Range 67 West of the 6th P.M., upon which the Defendants
herein are purporting to permit the operation and constauction
of a sanitary land fill and trash dump, and that said construction
and operation of a sanitary land fill and trash dump will
diminish the value of Plaintiffs' properties, causing them
great distress and damage.
WSE IPORR, Plaintiffs move that an order be entered
restraining the Defendants, and each of them, their attorneys,
agents and employees, from issuing a permit to Defendant George
Norden for the operation and construction of a sanitary land fill
and trash dump on a tract of land located in the 9MPit of section
2, Township 1 North, Range 67 West of the 6th P.M., Weld County,
Colorado, and further that they be restrained from proceeding
in any manner with the issuance of said permit or operation
of the sanitary land fill and trash dump.
William Pehr
Attorney for Plaintiffs
3380 West 72nd Avenue
Westminster, Colorado 80030
429-3576
STATIC OP COLORADO )
es
COUNTY OF WELD
A. H. Miller, Doris Ackerson, Alvin Dechant, Frank Vogel,
Ernest Terry, A. L. Luft, Carl Cary, Alice E. Fehr, Jack Berger,
St., Jack Berger. Jr., Frank Suckle, Sheldon Sickler and August
Getline, of lawful age, being first duly sworn upon their oath,
depose and states That they are the Plaintiffs herein, that they
have read the foregoing Motion for Temporary Restraining Order,
know the contents thereof and that the sane is true of their own
knowledge and belief.
A. H. Miller
Doris Ackerson
Alvin Dechant
Frank Vogel
Ernest Terry
/
`• t A. L. Luft
Carl Cary
/I Alice E. Fehr
Jack Berger, Sr.
•\/
Jack Berger. Jr.
Frank Suckle
Sheldon Sickler
August Gletline
Subscribed and sworn to before re this 7th day of April, 1970.
My commission expires
Notary Public
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