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Home My WebLink About730900.tiff RESOLUTION RE: AUTHORIZING THE COUNTY ATTORNEY TO DEFEND THE COUNTY OF WELD, ET AL. , IN THE CASE ENTITLED " H. GORDON HOWARD, PRO SE, ET AL. , VS. THE COUNTY OF WELD, ET AL. , CIVIL ACTION NO. C-4909, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. " BE IT RESOLVED, that the Board of County Commissioners, Weld County, Colorado, authorize the County Attorney to defend The County of Weld in the case of H. Gordon Howard, Pro Se, et al. , vs. The County of Weld, et al. , Civil Action No. C-4909, United States District Court for the District of Colorado; also to employ co-counsel and to do whatever is necessary in bringing the matter to a speedy conclusion. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of April , A.D. , 1973. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO iteee_Sta >>( -f � - Orr ATTEST: 40.70.14,0 ��.��y��//•//��Clerk of the Board APPRO7D AS TthrOi 11 (7,,,M)dint-- �� / County Attorney 730900 ;nz26 99.9,15- /: ,2c, /`: Ia. _ 5 / / } • C'''S iti t4�2j-1-r/ SUMMONS IN A CIVIL ACTION 1 e(ie))) (F� D.C. ��F��or//m No.{6 aer. (B-W)) �sed4A--re/ 'attiteb Otatto rtiotrict Court MELD C0, CE‘" ' -,i 'ictS FOR THE _ _ CJ DiSTRTt7P S7!► COLORADO MAY 1 1973 C. 9 Aph1. p ^ 1..1. '- S'II8'DI��/Ill ,I�'n��'Lr. 'i8 ! CIVIL ACTION FILE NO.-- 1i. SiONIKAN N WiAIRD3F'RO SA* OR1AMIZI ThWiT, AND INDIVIDUALS!, minus FAO SE, SUMMONS v. THE count et ma; TM ROUDNE VALLEE RURAL STAQTRIC ASSN. * Yat . , A ColoradO Corpa.1 and BUR A* AND LECII Ss OWE, Defendant S. To the above named Defendant 4 You are hereby summoned and required to serve upon R.aordoa Reward, Plaintiff, Pro Se, nl. x srt. whose address ill 2470 South tronhoe Pisa* `� Donner, ColoroRo, 80222 an answer to the complaint which is herewith served upon you, within gOdays after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. JAMES R. [ ?>A1c,EIR, ____________________--_____—______--- ,/�f Clerk of Court. --_____-� sS..�r !.� • _ DePutY --- Date: April 16, 1973 �% [seal of Court] _ ,,ATE OF COLORADO FII COUNTY OF WELD I s&. Filed .-.iith the Clerk of the Board of County Commissioners MAY 1 1973 Note:—This summons is hleaed pursuant to Sole 4 of the Federal Sales of Civil Provedlie ti, Conn CLERK AND REcoRDER By-- _Deputy 383 + RETURN ON SERVICE OF WRIT I hereby certify and return, that on the day of 19 , I received this summons and served it together with the complaint herein as follows: MARSHAL'S FEES Travel $ United States Marshal. Service— By Deputy United States Marshal. Subscribed and sworn to before me, a this day of , 19 . [Emu.) - Note:—Affidavit required only li service is made by a person other than a tutted States Marshal or his Deputy. 1/4 a �o� P. " �{% a � ,4 .j '^ z I s F U .. yy ( M • g Ib a ao yli P la ; c � 1 A"' o z g � i 0 0.1 ti N qh\ (9, cn 4g P I P. . .-- -1 - •--_.rte f„ n 4 � IN THE DISTRICT COURT OF THE UNITED STATES ((�- � ) 1 IN AND FOR THE DISTRICT 44 CQLURADV CIVIL AC'T Ioli NQ. '--- �- Y cf. � H. GORDON HOWARD, PRO SE, ) TRUSTEE 2 OR THE HOWARD FAMILY ) TRUST, AND INDIVIDUALLY, ) COMPLAINT ON PLAINTIFF, PRO Sly, ) FEDERAL QUESTIONS AND UNDER FEDERAL TS • STATUTES , RESPECTIVELY. THE COUNTY OF WELD; THE POUDRE VALLEY RURAL ELECTRIC ASSN. , INC . ; A Colorado Corporation; BURMAN LORENSON, SAMUEL S. TELEP; DUANE RITCHIE; AND LEON L. WICK, ) B EFENDANTS. COKES NOW the Plaintiff, above-named, Pro Se , and complains and alleges , to wits FOR A FIRST CLAIM s 1. This first claim arises upon a f ed�ral question under Title 28, Section 1331 of the U.S . C .A. , wherein the matter inoaontroversy exceeds $10,000.00, exclusive of interest and costs, and arises under the Constitution and laws of the United States. 2. the Plaintiff is a trustee for his wife , and minor child, and any unborn is ue of his marriage, for that active, inter vivos , trust found in Book 1404, Page 348 of the Records of time County Clerk and Recorder of Weld County, dated November 13, 1954, with reception # 1-192339• 3• The defendants are: (a) The County of Meld, a body corporate and politic under Colorado Statutory law. (b) The Poudre Valley Rural Electric Assn. , Inc. , a Colorado Corporation , under the exclusive and the sole jurisdiction and orders of tit Colorsdd Public Utility Commission, and not answerable to any other State agency. (c) B urman Lorenson, Planning Director of Page 2. Weld County, Colorado , the ilanning iioard being an agency of the Weld County Commissioners. (d) Sam Tell* is the attorney for the County Commissioners and the Planning B card of Weld County. (e) Duane Ritchie is the electrical installation supervisor of the said Utility, Poudre. Valley R .1£. A. , Inc . , supra. (f) Leo*. Wick is the manager for the said Public Utility. 4. That the State of Colorado on Sept . 28, 1961 licensed the approximate 120 acres of the nine -'Lake Trailer Resort a nd Campground to Plaintiff for a tourist camp, and auto oamp and put the said 120 acmes , or more, under gtat;e supervision and regulation as a tourist damp, and auto .camp. That the County of Weld issued a Mobile Home Park permit to the Plaintiff herein for the entire approximate 120 acres of the Pine Lake Trailer Resort and Campground on ?ob. 27, 1967, upon Plaintiff' s application to the Meld County Planning Administrator , at Greeley, Colorado. 5. That the defendant , Lorenson, and the County of Weld,are arbitrarily and unreasonably interfering with, and threatening the Plaintiff with fines , imprisonments , and retaiiatiun, it plaintiff dove not give up his rights , both Tm,raonal , and property, rights in his mobile dome pant. That the County of Weld, and its said Planning Director, Lorenson, and its attorney, Telep, and its employees and agents, have conspired and colluded under their Weld County Page 3. Zoning and Planning Ordinance to deprive 1,1aintiff of his personal use and enjoyment of his Mobile Home Park , and to deprive Plaintiff of hie property, and contract rights , contrary to Plaintiff's rights to Due Process of Law, and Equal Protection of the Laws, of the 14th Amendment to the United States Constitution. That these acts and endeavors of the Count y of Weld, and ita employees, and agents, have been ,attempted under Color of the unconstitutional zoning and planning law of Meld County, which on its face conflicts with Plaintiff's rights under the 14th Amendment , mentioned supra. 6. That the Plaintiff and the defendant , Poudre Valley R.S.A. , Inc. , meat ianed—above , entered into a contract for electrical ,service on Fume 18, 1964, which contract gas approved h7 the zub is Utility Commission of Colorado, snd cone hues to be binding and operative until all future lots at the Plaintiff's trailer perk are served tinder the same terms and conditions, under the provisions of said agreement. That the County of Weld, and Burmsn Lorenson, and Samuel E. Telep, and the employeee and agents of geld County have instructed and ordered the said xoudre ` &lley H. S.A. , Inc . !--__nA' its agonts and servants, to breach the said 1964 Contract for electric service , executed and acted on between the Plaintiff and the said utility for miny years now, en.les the Plaintiff would give up all his perernsl rights, privilege€, immunities, and property interests to which he is entitled under the 14th Amendment to the Federal Constitution, including his right to the protection of the Due Process and Equal Protection of the Law Clauses of the said 14th Amendment . That under the color of the unconstitutional Page 4. Feld County Zoning Ordinance, as aforementioned, supra, the County of Weld , Burman Lorenson, Sam Telep, and the employees and agents of Weld Qourty , are impairing Plaintiff' s obligations of Contract with the said utility, contrary to Article I, Section 10, Clause 1, the Contract Clause of the United States Constitution. That said County's illegal and unconstitutional zoning ordinance was enacted in about 1966, about two years or more, after the said electrical contract was made and entered into between the Plaintiff and the said utility. 7. T hat the said Public Utility, and its agents, Duane Ritchie , and Leon L. Wick, and its other agents , servants , and employees have conspired and colluded, in combination and wits concerted actions, and communications , with the said ("ounty of Weld, and the defend Int toreneon, and the defendant Telep, and the other agents, servants , and employees of Weld County to deprive the Plaintiff of his rights to due process of lase, and equal protection of the laws under the 14th Amendment to the United States Constitution; and to further interfere withhand impair the obligations of contract between the utility and the Plaintiff, under their written contract , dated June 18, 1964, and still executory and valid. That this said conspiracy and collusion for an illegal and fraudulent purpose has been attfmnted, anA is being carried out , under Color of the said Weld County unconstitutional zoning ordinance, referred to, supra.. 8. That these illegal and wrongful acts of the defendants, above-named, and each of them, done under Color of an unconstitutional Zoning ordinance of weld County , are also in litErintatc conflict (conflio1;) ,owe 5. with the Federal "tatutory 1R, fonn►.. in Title 42, U. S . C. A. , Section 1`383; any! 'title 42 U. S . C.A. Section 1981 , CMItual Alg is Under the Law, U .S . C . A.) , page 175; and in Title 28 U .S. C. A. , section tit# 1343. (3) • 9. That Uri the said illegal zoning ordinance of Weld County is in conflict, disparagement, and impairment of both the 14th Amendment to the U. S. Constitution, and the Ccntract Clause of the said Constitution, Article 1, Section 13, Clause 1, and a :federal toesWion is therefore raised under Title 28 , Section 1331 of one 6. 4i. Lltatutes, found in U. S. C. A. 10. That the said unconstitutional Toning law of Weld County, promulgated about November 2, 1966, and Recorded within the Meld County Clerk and Recorder's Office , as a Resolution, without being first submitted to the People i ither ailt a general, or special , election for a vote, on Nov. 28, 1966, is so unreasonable, arbitr.a cry, confiscatory, and diecri.miratory that it constitutes an impairment, interference with, and denial of • Plaintiff's rights, privileges , and immunities under C Art ile 14, Section 1 of th6 t, . . . c;custitutiou. 11. What tie said unoon^ti tutional zoning, ordinance was in excess of the powers or Weld County to pass as legislation; and its passage was b/yond and in excess of its authority ; and its objectives are , and were, illegal, unreasonable , arbitrary, and mink confiscatory, and discriminatory; and constitute a denial of Plaintiff's rights to own, use, and enjoy his said property, and has taken away plaintiff's property rights, and personal rights and privileges, contrary to the 14th Amendment of the U. S. Constitution, and Page 6. has been employed by the a.tforementtnned defandants, and each of them, to impair Plaintiff' s obligation of contracts with the said Poudre Valley R . E . A. , Inc. , cantrary to Article I, Section 10, Clause 1 of the Federal Conetitution. 12. That as a proximate result of said interferences with Plaintiff' s Federal statutory and Constitutional rights, privile aes , and immunities, they sale Plaintiff has been proximately dammed in the sum of $ 3,000,000.00 13. That damages staudina alone at lua* may not be sufficient to afford Plsi nti_ ff nlain, speedy, and adequate remedy to protect himself against the unreasonable, arbitrary, confiscatory, and discriminatory, and unconstitutional acts and conduct of Me defendants , and each of them, and therefore the Plaintiff alleges and etates that he should be entitled to injunctive relief to protect his federal statutory and constitutional rig ts , privileges , and immunities , as a citizen. faithful 14. Zhat the Fla nti ff in a proud , ikAgAfitit, loyal, patriotic , and dutiful citizen of the U. S . of America. *HERXFORS, This Plaintiff prays that tuts Honorable Court will declare the gairl yell County Zoning Ordinance to be invalid and unconstitutional ; and will enter ajudgment and order in favor of the rlainciff and against the defends tits , and each of them, in the sum of $3,000,000.00 damages; and will enter an order and decree, adjudging that Plaintiff is entitled to an injunction against the defendanta , and each of them, and their agents, employees , and servants , prohibiting them from interfering with, molesting, and harra:ssing the Plaintiff, and from interfering with , ana impairing Page 7• Plaintiff's rights, privileges and immunit,ied , and contracts, and personal rights of a citizen, under the following: (a) Article I , Section 10, Clause 1 of the Federal Constitution; (b) The 14th Amendment to the United States Constitution;: (c) The Civil flights Acts of the United States , as mentioned, supra. The Plaintiff further prays that this Honorable Court will grant such other and further relief and remedies as he may be entitled to as a United States Citizen, under the federal Constitution, Statutes and Laws of the United Stat es, . 2uding a reference of the conduct of the said defendants, and each of them, to the United States District Attorney- if in this Honorable Court' s opinion, criminal prosecutions are in order at this time , additionally. Very Respectfully Submitted, �) r� f 1\-: ' Q../t4 � d-Q---/ , Plaintiff, P o Se, r Address of Plf. : 2470 South Ivanhoe Place , Holly Hills, Denver, Colorado, 80222 A jury trial is requested :e: with. pfaintiti,Pro � ,/!! Hello