HomeMy WebLinkAbout730996.tiff i . 4 0
RESOLUTION
RE: AUTHORIZING THE COUNTY ATTORNEY TO DEFEND THE BOARD
AND ALL OTHER DEFENDANTS IN THE CASE ENTITLED
"INTERLADCO, INC. vs. GLENN K. BILLINGS, ET AL. , CIVIL
ACTION NO. 23537 IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO. "
BE IT RESOLVED, That the Board of County Commissioners, Weld
County, Colorado, authorizes the County Attorney to defend said Board and
all other defendants in the case of Interladco, Inc. , et al, vs. Glenn K.
Billings, et al. , Civil Action No. 23537, in the District Court in and for
the County of Weld and State 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 24th day of January, 1973.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:
m�
Clerkt,�f the Board
By:.??6,„,..,(2n6 _/ Deputy County Clerk
APPROVED-Af TO`FORM:
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ounty A torney 7
730996
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. 23537
INTERLADCO, INC. , et al, )
)
Plaintiffs, )
) MOTION . TO SET PLAINTIFFS' CAUSE
vs. ) OF ACTION FOR DAMAGES FOR TRIAL
GLENN R. BILLINGS, et al, )
Defendants. ) •
The Plaintiffs, by and through their attorneys , Hammond
and Chilson, petition the Court for an Order setting Plaintiffs'
cause of action against the: Defendants for damages for trial and,
in support thereof, show to the Court:
1. Plaintiffs ' cause of action for review of the actions
of the Weld County Commissioners in denying Plaintiffs ' final plat
of Indianhead. Subdivision has been fully litigated and decided by
the Court.
2. Plaintiffs specifically reserved the trial of their
•
cause of action for damages for a time subsequent to the decision
of the Court on the review of the County Commissioners ' proceedings.
Said cause of action is now ready for trial.
Respectfully submitted,
HAMMOND AND CHILSON
By ,J \
/ ttor s ror laintiffs .
v P. O. Box 701
Loveland, Colorado 80537
Telephone : 667-1023
• •
CERTIFICATE OF MAILING
I hereby certify that I have railed a copy of the foregoing
Motion To Set Plaintiffs ' Cause of Action For .Damages For Trial,
sufficient postage prepaid, to the following attorneys of record :
Samuel Telep
Attorney at Law
First National Bank Building
Greeley, Colorado 80631
Ronald Cooke
Cooke, Gilles, Johnson and Schaefer
Attorneys at Law
440 Petroleum Club Building
Denver, Colorado 80202
Dated this 16th day of May, 1974,:
' i ' _
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. 23537
INTERLADCO, INC. , et al, )
)
Plaintiffs, )
)
vs. ) MOTION FOR WITHDRAWAL OF JUDGE
)
GLENN R. BILLINGS, et al, )
)
Defendants. )
The Plaintiffs, by and through their attorneys, Hammond
and Chilson and Saunders, Snyder and Ross, P.C. , hereby petition
the Court for a withdrawal by Judge Donald A. Carpenter from the
hearing and determination of the issue of _damages remaining to be
tried and for the assignment of an outside Judge to hear and
determine the issue of damages remaining to be tried and, in
support thereof, submits to the Court the following:
1. The pleadings in this case- involved two issues:
first, . the obligation of the Defendant Weld County Commissioners
to approve the final plat of Indianhead Subdivision and, second,
the issue of liability for an amount of damages of all Defendants
by virtue of their alleged tortious interference with Plaintiffs '
rights in denying approval of the final plat of Indianhead Sub-
division. No jury has been demanded by any party, and all matters
are to be tried to the Court.
2. The Court has rendered its judgment as to the first
issue of the obligation of the Weld County Commissioners to approve
the final plat of Indianhead Subdivision, determining as a matter
of law that said final plat should be approved. The second issue
on the personal liability of the Defendants for damages was
specifically reserved for later trial, and Plaintiffs wish to
proceed to a trial on damages. A motion to set Plaintiffs`
second cause of action for damages for trial is being filed
concurrently with this suggestion.
3. Some of counsel for Interladco recently experienced
a situation in which all the District Judges in a certain county
disqualified themselves so as to bring about the assignment of an
outside Judge in cases where the issues involved matters of local
political and public policy significance. It is submitted that a
trial on damages in this case will involve matters of local
political and public policy significance.
4. While Plaintiffs and their counsel believe that
Judge Donald A. Carpenter, who has passed on the legal matters
of the first cause of action in this litigation, is qualified to
complete the trial with respect to the second cause of action,
Plaintiffs submit that said• Judge is necessarily connected with
all the parties defendant herein, as referred to in Rule 97 of
the Colorado Rules of Civil Procedure, by virtue of all being
public officers in Weld County. Even though this connection may
not render it improper for said Judge to sit in the trial of the
second cause of action, it may be that one or more of the defendants
would consider it to be improper and yet would hesitate to file a
motion for a change of Judge because of the probability of other
matters coming before said Judge in which one or more of the
defendants might believe prejudice would be created in some way
indirectly by filing a motion for disqualification of said Judge.
5. This motion is therefore presented with a view to
presenting the Court with an opportunity for creating a situation
which will be free of doubt in the mind of any party or in the
mind of any member of the public.
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Respectfully submitted this 1O day of May, 1974 .
•
HAMMOND AND CHILSON
.
By
Nt- \
��—John hilson
P. O. Box 701
Loveland, Colorado 80537
SAUNDERS, SNYD R AND ROS , P.C.
• By
�= enn G. a ers
802 Capitol Life Center
225 East Sixteenth Avenue
Denver, Colorado 80203
Attorneys for Plaintiffs
CERTIFICATE OF MAILING
I hereby certify that I have mailed a copy of the
foregoing Motion for Withdrawal of Judge, sufficient postage
prepaid, this 097 day of May, 1974 to the following
attorneys of record:
Samuel Telep
Attorney at Law
First National Bank Building
Greeley, Colorado 80631
Ronald Cooke
Cooke, Gilles, Johnson and Schaefer
Attorneys at Law
440 Petroleum Club Building
Denver, Colorado 80202
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A suit se..,' ''' a enure order theca rights of plaintiff Interladco Inc.with,*
'the County:(dmmtssldsets to app��'r�o�.,a"t due process of law or just con
the final plat of the venpased}ddiaw�• sation," it is claimed.
Subdivision on U.S. IM m Weld County Additionally the complaint allegesti
neer the Lackner bounty tine has bees' commissioners' findings and resofutflq
filed in District Court here, were made pursuant to an unwritten mil
Additionally the plaintiffs in the action, illegal policy under which,"regardlessif 1
tetertedee be.,,atineheertanti mates lawful zoning,law or lawful regulations,
Medlin, nest a judgement for :86,000 d4 , no subdivisions or the plattings necis-1
cl amaget eery for use of rural property for single-M
Named as defendants in the action are family residences would be permitted in i
county-bamasiseiaunx Glenn K. Bit-, unincorporated areas of Weld County
liarrj . Ashley and goy Moser that were not adjacent to existing 4
former'Commisatona� Marshall municipalities,regardless of:iceithquawlisidty,an ipdividusb and as planning or population deny of thedy cans " the Board of County subdivision."Saidpolicyviolatestheo
.named as defendanb are the, County. Zoning Resolution;it exceeds We
present and farmer member" jurisdiction of the planner, the plann�irg..
s,the Col* Planning Commission, X86 and the eemmissio_
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Bartels,Glen,Andersen,Donald t; i to*sins Iq Im aid uudst their
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* ' t,dobn Watwn,J.Ben Nix,ltonadd ' Continued fin page a
cr ,John Weigand,Philip Bowles,
er Roth and Bill EUlott.
Liirensct. county planning
tor, also was mimed a defendant.
Edible* . petition and complaint
s.the county commissioners ex-
their jurisdiction,or abused their .
tion;or acted arbitrarily and cap-
ewhen nan Dee.20.they adoP�
a on denying approval of the final'
of tha.�liaahead Subdtvlsion.
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
CIVIL ACTION 23537
)
INTERLADCO, INC. A CORPORATION �
LENNART MELLING AND GLADYS MELLIN, )
)
CERTIFICATION
PLAINTIFFS ))
vs. OF
GLENN K. BILLINGS, HARRY S. ASHLEY )
MARSHALL H. ANDERSON, AND ROY MOSER, )
AS INDIVIDUALS AND AS JOINTLY ) RECORD
CONSTITUTING AND BEING THE BOARD OF
COUNTY COMMISSIONERS IN AND FOR THE )
COUNTY OF WELD, STATE OF COLORADO, )
LEONARD BARTELS, GLEN. ANDERSON, )
DONALD CLARK, JOHN WATSON, J. BEN NIX, )
RONALD HEITMAN, JOHN WEIGAND, )
PHILLIP BOWLES, ELMER ROTH, AND )
BILL ELLIOTT AS INDIVIDUALS AND AS )
JOINTLY CONSTITUTING AND BEING THE )
WELD PLANNING COMMISSION AND )
BURMAN LORENSEN, INDIVIDUALLY AND )
AS PLANNING DIRECTOR FOR THE COUNTY )
OF WELD, STATE OF COLORADO. )
)
)
)
• •
We, the Board of County Commissioners in and for the County
of Weld, State of Colorado, do hereby certify that the following
documentary evidence, comprising the full record and proceedings
before the Board in the above entitled case was filed with the
Clerk of the District Court of Weld County, Colorado, on
January 1, 1973, to-wit:
1. Resolution of Recommendation from Weld County Planning Commission
Dated, February 25, 1972, Recommending Unfavorably Preliminary
Plat Interladco Inc., Application.
2. Copy of Preliminary Plat of Indian Head Subdivision, dated
October 29, 1971: Northeast Corner (NE Cor.) Section 18,
Township 5 North, Range 67 West of the 6th P. M., Weld
County, Colorado.
3. Letter dated February 24, 1972, from Warren A. Stobbe, President
Interladco, Inc. , to Burman Lorensen requesting hearing before
The Board of County Commissioners, Weld County, Colorado.
4. Letter to Warren A. Stobbe, President, notifying Interladco,
Inc. ( Indian Head Subdivision) scheduled on Commissioners
Agenda, March 13, 1972, at 10:30 A. M. Certified mail #178603.
5. Copy of Commissioners Agenda, March 1, 1972, scheduled date.
for Interladco Inc., (Indian Head Subdivision) for March 13, 1972.
6. Copy of County Commissioners Agenda for, March 8, 1972,
scheduled dated Interladco Inc. ( Indian Head Subdivision) for
March 13, 1972 (Page 47)
7. Transcript of Hearing of March 13th, 1972, (Tape Recording 24 and 25.
8. Commissioners Agenda dated, March 29, 1972, "Subdivisions to be
Heard" : Interladco — April 10, 1972, (Page 50).
9. Letter to Warren A. Stobbe, President, Interladco Inc. , notifying
him of scheduling Interladco Inc. , (Indian Heed Subdivision) before
Commissioners, April 10, 1972. Certified Mail 178686.
10. Commissioners Agenda dated, April 4, 1972, "Subdivision to be
Heard" (Interladco Inc.,) April 10, 1972. (Page 51).
11. Transcript of Hearing of April 10, 1972 (Tape 31 & 32).
12. Copy of State Form (W P-3 Rev 3-71-20) "Application for
Approval of Location - For Sewage Treatment Facility - Interladco
Inc. , (Northeast Quarter (NE•4) of Section 18, Township 5 North,
Range 67 West of the 6th P. M., Weld County, Colorado
Recommended by Local Health Department - Signed by Glenn Paul 5/4/72
Recommended by Planning Commission - Signed by Phillip Bowles 6/5/72
Recommended by Board of County Commissioners - Signed by Glenn Bill ii
(6/7/72)
Also State recommendation approval signed by Ronald G. Shuyler.
• •
13. Letter dated, August 24, 1972, from DeGood, Burton and Phipp,
Attorney at Law representing Farmers Irrigating Ditch and
Reservior Company, reserving right to free and complete discretion.
to Interladco Project.
14. Plat Plan of Indian Head Subdivision (2 sheets) Northeast (NE4)
Quarter of Section 18, Township 5 North, Range 67, West of the
6th P. M., Weld County, Colorado, dated, July 11, 1972, Received
in Commissioner's Office, September 21, 1972.
15. Resolution of Recommendation - Weld County Planning Commission
dated, September 13, 1972, recommending unfavorably the application
of Interladco Inc., as per attached list
(1) Attached sheets - 2 pages - Items 1 to 13.
(2) 3- Pages from Subdivision Regulations - Pages 3 and 4
(3.1 to 2.7) and (Page 10 - 5.1 and 5.12)
16. Letter dated, September 18, 1972, to Mr. Warren A. Stobbe,
President, Interladco Inc., from Jim Ohi, County Planner, stating
Weld County Planning Commission - Recommended disapproval of final
plat Indian Head Subdivision.
17. Supplemental Agreement for Water Mains Extensions - Inside
Suddivision Development Areas dated, July 13, 1972, Received by
County Commissioners, September 21, 1972. Agreement between
Little Thompson Valley Water District and Interladco Inc. ,
Taps for Section 16, Township 5 North, Range 67 West of the
6th P. M., Weld County, Colorado.
18. Subdivision Agreement - Weld County ( 5 pages - with insertion
of legal description) Interladco Inc., signed Warren A. Stobbe,
President. Note: (copy) signed by Warren A. Stobbe, President
Exhibit "A" (2 pages) estimated improvement costs $310,000.00.
19. Financial Statement Interladco Inc. , as of December 31, 1971,
Prepared by Kaufman, Bordeau and Company, 2021 Monroe, Dearborn,
Michigan, 48124 ( 5 pages).
20. Letter from David B. Shupe, Engineer, Hogan and Olhausen, dated
September 21, 1972, Answer to items 1 to 13 of Planning Commission's
recommendations.
21. Letter of Lynn A. Hammond, Attorney, dated, September 26, 1973
to the Board of County Commissioners requesting a public hearing
to consider final plat.
22. Minutes Board of County Commissioners, dated, October 4, 1972,
"Indianhead Subdivision" referred to County Attorney.
22-A. Letter of School District RE 5-J, signed by Kenneth Goodwin,
Superintendent, Board of Education opposed to development. Requests
notification of hearings.
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23. County Commissioners Agenda, October 18, 1972, Business: New
"Dates for Subdivision plat hearings" October 30, 1972
Indian Head Subdivision - 10:45 A. M. (Page 79)
24. Letter to Lynn Hammond, Attorney, Interladco Inc., Notification
Indian Head Subdivision to be heard October 30, 1972 - 10:45 A. M.
Certified Mail # 332658.
25. County Commissioners Minutes, October 18, 1972, Notifying letter
from School'District RE J-5 opposing proposed Indian Head Subdivision.
26. Letter dated, October 19, 1972, to Howard Schwalm, notifying
him of Subdivision Plat Hearing of Indian Head Subdivision,
October 30, 1972. Certified Mail # 332657.
27. Letter dated, October 19, 1972, to School District RE 5-J, c/o
Kenneth Goodwin, notifying Board of Subdivision Plat Hearing
October 30, 1972. Certified Mail # 332656.
28. Letter, dated October 19, 1972, to Warren A. Stobbe, President,
Interladco Inc., notifying Him of Subdivision Plat Hearing,
October 30, 1972, Certified Mail # 332655.
29. .Letter to Farmers Irrigation Ditch and Reservoir Company, Dated
October 19, 1972, Notifying them of Subdivision Plat Hearing,
October 30, 1972. Certified Mail # 332654.
30. Letter from Jim Ohi, County Planner, Weld County, Colorado, dated
October 26, 1972 to Mr. Billings - Regarding Indian Head Subdivision
Final Plat - disapproval.
31. Attendance Record for Meeting held October 30, 1972.
32. Transcript of Meeting, October 30, 1972 ( Tape 69 and 70).
33. County Commissioners Agenda, Dated, December 6, 1972, - Business -
Decisions - Interladco (Page 86).
34. County Commissioners Minutes, Dated, December 16, 1972, Items
Held Over — Interladco Inc.,
35. County Commissioners Agenda dated, December 13, 1972, Business -
Decisions - Interladco (Page 87)
36. Minutes County Commissioners, Dated, December 13, 1972 (Page 3)
Interladco - Held Over.
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37. County Commissioners Minutes, Dated, December 20, 1972, Motion
to Deny Petition of Interladco Inc., Subdivision Plat
Certified Mail Receipt W. A. Stobbe #332833
Certified Mail Receipt Interladco c/o Lynn Hammond #332834.
38. Findings and Resolution Concerning Indianhead Subdivision Plat
(3 pages) - Attached Certified Mail and Receipts:
W. A. Stobbe #332833
Interladco Inc., #332834.
39. Citation - Civil Action 23537 - Interladco Inc., vs. The
Board of County Commissioners and the Planning Commission, Weld
County, Colorado - Time corrected to April 13, 1973 - 9:00 A. M.
Attached to petition and complaint - Under Rule 106 ( 10 pages)
Attached Exhibit "A" Commissioners Resolution dated December 20, 1972).
Al
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ram I OFFICE OF BOARD OF COUNTY COMMISSIONEF
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PHONE(303) 353-2212 EXT.221,222&2
WI I D P.O. BOX 7
GREELEY,COLORADO 806
esCOLORAD
Received this (A,/7-2� fi.2 , the originals
of all documents, evidences and transcript of testimony
and proceedings in the Matter of Indian Head Subdivison,
Interladco, Inc.
CIVIL ACTION 23537
___> / -‘7x,//
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CLERK OF THE DISTRICT COURT
WELD COUNTY COMMISSIONER!
HARRY S.ASHLEY
GLENN K.BILLING:
ROY MOSEF
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. )-26,57
INTERLADCO, INC. , a corporation, )
LENNART MELLIN and GLADYS MELLIN, )
)
Plaintiffs, )
)
vs, ) CITATION
)
QLENN K. BILLINGS, HARRY S. )
ASHLEY, MARSHALL ANDERSON )
and ROY MOSER, as individuals )
and as jointly constituting )
and being the Board of County )
Commissioners in and for the ) n
County of Weld, State of ) Z 2
Colorado, LEONARD BARTELS, ) � I Ns i FP)*
GLEN ANDERSON, DONALD CLARK, ) G�
JOHN WATSON, J. BEN NIX, )
RONALD HEITMAN, JOHN WEIGAND, )
PHILIP BOWLES, ELMER ROTH and )
BILL ELLIOTT, as individuals )
and as jointly constituting )
and being the Weld County )
Planning Commission, and )
BURMAN LORENSON, .individually )
and as Planning Director for )
the County of Weld, State of )
Colorado, )
)
Defendants. )
THE PEOPLE OF THE STATE OF COLORADO, TO THE SHERIFF OF WELD
COUNTY OR TO ANY PERSON QUALIFIED UNDER THE COLORADO RULES
OF CIVIL PROCEDURE TO SERVE PROCESS IN CIVIL ACTIONS,
GREETINGS:
WHEREAS, In the above-captioned matter now pending in
this Court, a certain Order was entered of record whereby the
above named Defendants were ordered to certify fully to this
Court a full and complete transcript of any and all records ,
discussions, matters and proceedings as referred to in said
Order and by the time designated therein:
1. All Defendants herein are hereby ordered to stay
all proceedings presently pending in this matter with respect
to Indianhead Subdivision as referred to in the petition and
complaint and order herein and to take no further action in
*i • •
this matter unless and until ordered by this Court to do so.
2. Said Defendants are hereby ordered to show cause
on or before the above mentioned date why the decision of the
Board of County Commissioners of Weld County should not be
reversed and:
a. Said Board ordered to approve the final plat
of Indianhead Subdivision referred to in the complaint
herein and to be certified as part of the record herein;
or
b. Said Board ordered to reconsider the final
plat of Indianhead Subdivision and to take such steps
as may be necessary to comply with law in view of the
pertinent record.
YOU ARE COMMANDED TO CITE AND GIVE NOTICE to said Defendant:
herein ove listed a each of them to appear before the Hon.
1 ((�//(J �t . at , Judge of this Court, on the
L3 day of , 1973, at the hour of
WITNESS THE HAND OF �i' Yc `` V--j- 11-l l G�r�./JR Clerk
of said Court and the seal hereof, hereunto affixed at the offices
of said Court in Greeley, Weld County, State of Colorado, this
\e day of ) , A.D. , 1973.
Clerk 11/ 4
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. x353`7
INTERLADCO, INC. , a corporation, )
LENNART MELLIN and GLADYS MELLIN, )
Plaintiffs , )
)
vs. ) PETITION AND COMPLAINT
) UNDER RULE 106
GLENN K. BILLINGS, HARRY S. )
ASHLEY, MARSHALL ANDERSON )
and ROY MOSER, as individuals )
and as jointly constituting )
and being the Board of County )
Commissioners in and for the )
County of Weld, State of )
Colorado, LEONARD BARTELS, )
GLEN ANDERSON, DONALD CLARK, )
JOHN WATSON, J. BEN NIX, )
RONALD HEITMAN, JOHN WEIGAND, )
PHILIP BOWLES, ELMER ROTH and )
BILL ELLIOTT, as individuals )
and as jointly constituting )
and being the Weld County )
Planning Commission, and )
BURMAN LORENSON, individually )
and as Planning Director for )
the County of Weld, State of )
Colorado, )
)
Defendants . )
COME NOW the Plaintiffs by and through their attorneys,
Hammond and Chilson and Saunders, Snyder and Ross, P.C. , and
petition the Court to review and grant relief, including damages,
pursuant to Rule 106, Colorado Rules of Civil Procedure, with
respect to the decision of the Defendant Board of County Commis-
sioners made and entered the 20th day of December, A.D. 1972 in
the matter of the petition of Interladco, Inc. requesting
approval, execution and recordation of a subdivision plat desig-
nated as "Indianhead Subdivision" and, as grounds therefor,
complain and state:
FIRST COUNT OR CLAIM
1. The Plaintiff Interladco , Inc. is a Delaware
corporation authorized to do business in the State of Colorado
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and is the owner of certain real property (hereinafter referred
to as "subject property") situate in the Northeast Quarter of
Section 18 , Township 5 North, Range 67 West of the 6th P.M. , Weld
County, Colorado, described as follows:
Considering the North line of the Northeast Quarter
of Section 18 , Township 5 North, Range 67 West of
the 6th P.M. in the County of Weld, State of Colorado
as bearing South 88°38 ' 31" West and with all bearings
contained herein relative thereto. Beginning at the
Northeast Corner of said Section 18 ; thence along the
North line of the Northeast Quarter of said Section
18 South 88°38 ' 31" West 2669 . 54 feet to the Northwest
Corner of the Northeast Quarter of said Section 18;
thence along the West line of the Northeast Quarter
of said Section 18 South 1°12 ' 26" East 2648 .06 feet
to the Southwest Corner of the Northeast Quarter of
said Section 18; thence along the South line of the
Northeast Quarter of said Section 18 North 88°45 ' 56"
East 2656. 07 feet to the Southeast Corner of the
Northeast Quarter of said Section 18 ; thence along
the East line of the Northeast Quarter of said Section
18 North 0°55 ' 00" West 1942. 69 feet to the Southeast
Corner of that certain parcel of land described under
Reception No. 1438250 in Book 516, records of said
County; thence along the Southerly, Westerly and
Northerly lines of said parcel the following courses
and distances: South 88°14 ' 00" West 660. 00 feet;
thence North 0°55' 00" West 660. 00 feet; thence North
88°14 '00" East 660. 00 feet to a point on the East line
of the Northeast Quarter of said Section 18 from which
the Northeast Corner of the Northeast Quarter of said
Section 18 bears North 0°55' 00" West 51.17 feet;
thence along East line North 0°55 ' 00" West 51. 17 feet
to the point of beginning. Containing 152. 051 acres
more or less.
Plaintiffs Lennart Mellin and Gladys Mellin are party
plaintiffs by virtue of having an equitable interest in said
property..
2, Defendants Billings, Ashley and Marshall Anderson
were duly elected and constituted members of the Board of County
Commissioners of Weld County, Colorado at all times relevant
hereto in the years 1969, 1970, 1971 and 1972. The Defendant
Moser was duly elected to the Weld County Board of County Commis-
sioners to replace Defendant Marshall Anderson and holds said
office at the time this Complaint is being filed. Defendants Bartel;
Glen: Anderson, Clark, Watson, Nix, Heitman, Weigand and Bowles
were duly appointed members of the Weld County Planning Commission
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at all times relevant hereto. Defendants Roth and Elliott were
recently appointed members of the Weld County Planning Commission
and hold said office at the time this Complaint is being filed.
The Defendant Burman Lorenson is , and at all times relevant hereto
was, the Director of planning for Weld County, Colorado and was
hired as such by the Board of County Commissioners, Weld County,
Colorado.
3. At the time Plaintiff Interladco, Inc. purchased
subject property, said property was duly zoned "A" Agricultural
District and, under said zoning, development for one-family
dwellings was a use permitted by right. Further, at all times
relevant hereto, to and including the date of the aforementioned
decision of the Board of County Commissioners, development of
subject property for single-family dwellings was a use permitted
by right under the zoning of said property.
4. After Plaintiff Interladco, Inc. purchased subject
property, its representatives entered into negotiations with the
Planning Commission of Weld County and Burman Lorenson, its
Director, concerning proposed development of the property for
single-family dwellings. At the time said negotiations started,
Burman Lorenson, as Planning Director of Weld County, stated
that he did not want a development that would bring people to
subject property and that he would recommend denial of any
subdivision development of such property regardless of the type
of plan or the quality of the proposed use thereof and that it
would be the policy of the Weld County Planning Commission to
permit no urban type development in Weld County except adjacent
to an existing municipality. Said statements were made in
discussions held from May 9, 1971 to and including the date of
the aforementioned final order of the Weld County Commissioners.
5. On November 3, 1971 Plaintiff Interladco , Inc. ,
pursuant to the official Weld County Subdivision Regulations,
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revised April 21 , 1971, filed a preliminary subdivision plat of
subject property. Said plat was filed with the Weld County
Planning Commission. Said plat conformed in all respects to
the requirements for a preliminary plat set forth in Section IV
of the aforementioned Weld County Subdivision Regulations.
Further, Section 4 .2 of said Subdivision Regulations states in
part: "Within 30 days after reviewing the preliminary plat,
the Planning Commission shall approve, disapprove, or approve
subject to modifications the said plat. If the plat is disapproved
reasons for such disapproval shall be stated in writing. If
approved subject to modifications, the nature of the required
modifications shall be indicated. " The action so required was
not taken. Instead, at the regularly scheduled meeting of the
Weld County Planning Commission for November 24 , 1971, the matter
of Plaintiff Interladco, Inc. 's preliminary plat was not placed
on the agenda for review. At the regularly scheduled meeting of
the Weld County Planning Commission for December 6, 1971, the
preliminary plat filed by Plaintiff Interladco, Inc. was not
placed on the agenda for review. Objections were raised by the
Plaintiff Interladco, Inc. to Lorenson and the Weld County Planning
Commission concerning this irregular procedure, and the planner,
Mr. Lorenson, admitted to officers of Plaintiff Interladco, Inc.
that he had engaged purposefully in delaying tactics to avoid
consideration of Plaintiff Interladco, Inc. ' s preliminary plat.
Defendant Lorenson further, at a meeting of the Utility Board of
Weld County on December 21, 1971, requested tabling of the
preliminary plat before the Utility Board for planning reasons,
not utility reasons. Said Lorenson further engaged in other
delaying tactics at the Utility Board level. Plaintiff Inter-
ladco, Inc, made objections as to the conduct of Mr. Lorenson,
the planner, to Mr. Glenn Billings, Chairman of the Board of
County Commissioners, on December 30, 1971 and requested a
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special meeting with the Weld County Commissioners. Subsequently,
on January 3 , 1972 , representatives of Plaintiff Interladco, Inc. ,
together with its attorney and Mr. B. I. Madsen of Loveland,
Colorado, met with the County Commissioners of ;Veld County, at
which time Plaintiff Interladco, Inc. pointed out to the Commis-
sioners the harassment, delaying tactics and interference including
such activity with the Utility Board decision to which Plaintiff
Interladco, Inc. had been subjected by the planner, Burman Lorenson,
thereby putting Defendant County Commissioners of Weld County,
Colorado on notice of the actions of the planner.
6. During various meetings with the Weld County Commis-
sioners, the Commissioners requested that Plaintiff Interladco,
Inc. change its subdivision plat to a planned unit development.
It was indicated by Mr. Glenn Billings , then Chairman of the
Commissioners, that a planned unit development would be more
favorably considered than the then filed preliminary plat. At
great expense, time and effort, Plaintiff Interladco, Inc. revised
its plans to a planned unit development and then was subsequently
notified by Lorenson on February 23, 1972 that regardless of the
type of plan, whether planned unit development or subdivision plat,
he would at all times recommend denial, again stating "we just do
not want people in rural areas regardless of the quality of the
plan or the density requirements. "
7. Plaintiff Interladco , Inc. had obtained the approval
of all necessary agencies of its preliminary plat as early as
December 30, 1971. However, because of harassment, delay tactics
and the policy to limit growth to existing municipal areas,
Plaintiff Interladco, Inc. was never able to obtain the approval
of its preliminary plat from the Weld County Planning Commission
but rather was required to appeal to the Board of County Commission(
of Weld County, which, after many delays and objections, finally
approved said preliminary plat on the 13th day of March, 1972 .
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•
Plaintiff thereafter filed its final subdivision plat on the
27th day of July, 1972 with the Weld County Planning Commission
as required by the Weld County Subdivision Regulations. Again
Plaintiff Interladco, Inc. was subject to harassment, delay
tactics and the assertion of new objections by Lorenson and the
Weld County Planning Commission, many of which objections had
never been raised to the preliminary plat.
8. Finally on October 30, 1972 a, hearing was held before
the Weld County Commissioners to consider the final plat, nearly
a year after the first submission of the property for plat approval.
At the end of said hearing, the Board of County Commissioners of
Weld County took the matter under advisement and, on December 20,
1972, issued its resolution making certain findings and denying
approval for recordation of a subdivision plat of the subject
property. A. copy of said resolution is attached to this complaint
as Exhibit A and incorporated fully herein by this specific
reference thereto.
9. The Board of County Commissioners of Weld County and
the Commissioners of Weld County individually exceeded their juris-
diction, or abused their discretion, or acted arbitrarily and
capriciously in making said findings, in failing ,tq approve a plat
of subject property for execution and recordation, and in denying
such approval, contrary to law and fact, more particularly in that
the findings, individually, were either not supported by competent
evidence, were contrary to the evidence, were unlawful, or were an
attempt to exercise powers of government beyond the authority of
those attempting to exercise such authority resulting in the ruling
and determination set forth in the "resolved" paragraph of said
Exhibit A, which ruling is contrary to law under the facts and
results in a taking and confiscation of the property rights of
Plaintiff Interladco, Inc. Without due process of law or just
compensation, contrary to Articles V and XIV of the Amendments
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to the Constitution of the United States of America and the
Constitution of the State of Colorado, Article II , Sections 14 ,
15 and 25.
10. The findings and resolution incorporated as Exhibit A
were made pursuant to an unwritten and illegal policy applied to th
facts and conditions hereinabove set forth, by Burman Lorenson,
individually and as Weld County Planning Director, and by the Weld
County Planning Commission, and the Board and individual members
of the Board of Weld County Commissioners that regardless of lawful
zoning, law, or lawful regulations, no subdivision or the plattings
necessary for use of rural property for single-family residences
would be permitted in unincorporated areas of Weld County that
were not adjacent to existing municipalities, and regardless of
the quality of the subdivision, the planning of the subdivision,
the population density of the subdivision or any other factors
which good planning would dictate. Said policy violates the
provisions of the official Weld County Zoning Resolution; it
exceeds the jurisdiction of the planner, the Planning Commission
and the Weld County Commissioners and the Board of which they are
members granted to them by law and under their subdivision regula-
tions revised April 21, 1971, and further prevents them from
admitting Plaintiff Interladco, Inc. to the use and enjoyment of
the property rights to which it is entitled under applicable state
laws; said policy further violates the Fifth and Fourteenth Amend-
ments to the United States Constitution by depriving the Plaintiff
Interladco, Inc. of its property rights without due process of law,
and further violates Article II, Sections 14 , 15 and 25, of the
Constitution of the State of Colorado in that it deprives the
Plaintiff Interladco, Inc. of its property rights without due
process of law and without just compensation.
11. Plaintiff Interladco, Inc. is a party aggrieved by
the various actions of Defendants above set forth and by the
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decision of the Weld County planner, the Weld County Planning
Commission, and its individual members, and the Weld County
Commissioners individually and acting as the Board of County
Commissioners , and Plaintiff Interladco, Inc. will be irreparably
harmed and injured if action and inaction of the Weld County Plannii
Commission, and the findings and resolution of the Board of County
Commissioners of Weld County (Exhibit A attached) are allowed to
stand. Plaintiff Interladco, Inc. has no other plain, speedy or
adequate remedy at law than this proceeding and the relief prayed
for herein.
WHEREFORE, Plaintiffs pray as follows:
1. That this Honorable Court order the Defendant Board
of County Commissioners and the individual members thereof, the
planner, Burman Lorenson, and the Weld County Planning Commission
to certify to this Court at a specified time and place the
following:
a. The entire findings of fact and resolutions made
and entered by the Weld County Planning Commission and the
Weld County Commissioners with regard to both the prelimi-
nary and final plats of the subject property as Indianhead
Subdivision.
b. Complete transcript of the record of proceedings
of the Planning Commission and the Weld County Commissioner:
of all meetings, whether public or non-public , at which the
preliminary or final plat o£ subject property as Indianhead
Subdivision was considered, or the general subject involved
was discussed or considered. Said transcripts shall not be
abstracts of said proceedings , such as minutes , but to be
full, complete and accurate transcripts of all evidence
presented, testimony given and statements made by any and
all persons at said meetings of the Planning Commission or
County Commissioners.
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•
c. Copies of the rules , regulations, ordinances and
laws which were part of the record and proceedings upon
which the Planning Commission and the County Commissioners
and the individual members of both commissions based their
acts and decisions.
2. That all proceedings before the Defendant Board of
County Commissioners and the Planning Commission pertaining to
subject property be stayed and enjoined pending the determination
of this matter in this Court.
3. That the findings and resolution concerning Indianhead
Subdivision plat issued by the County Commissioners on December 20
1972 (Exhibit A attached) be set aside and reversed, they consti-
tuting arbitrary and capricious action taken in abuse of discretio
and contrary to law, and further that the Court issue an Order to
the Weld County Commissioners to reconsider the final plat of
Indianhead Subdivision and to take such further steps as may be
necessary to comply with the law, in view of the pertinent record,
with respect to Plaintiff Interladco, Inc. 's application for
approval of the plat for Indianhead Subdivision.
4. That judgment be entered in favor of the Plaintiffs
against the Defendants for their costs herein expended and for
such other and further relief as shall be proper.
SECOND COUNT OR CLAIM
1. Plaintiffs incorporate herein the allegations of
paragraphs 1 through 11 of the First Count or Claim.
2. Plaintiffs incorporate record as certified under
First Count, particularly Subdivision Regulations of April 21,
1971 of Weld County Planning Commission.
3 . Plaintiff Interladco, Inc. has suffered damages in
the premises in the amount of $85 ,000. 00.
WHEREFORE, Plaintiffs pray:
1. That this Court order the Defendant members of the
Board of County Commissioners of Weld County, acting as such Board,
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•
to approve said final plat of Indianhead Subdivision as a
ministerial duty resulting from their respective offices as
such Commissioners , in the absence of which action Plaintiff
Interladco, Inc. is being unlawfully precluded from the use
and enjoyment of its full rights to the subject property.
2. That judgment be entered herein in favor of the
Plaintiffs and against the Defendants for damages as provided
in Rule 106 (a) (2) of the Colorado Rules of Civil Procedure,
for their costs herein expended and for such other and further
relief as may be proper.
HAMMOND AND CHILSON
and
SAUNDERS, SNYDER AND ROSS, P.C.
Attorneys for Plaintiffs
P. O. Box 701
Loveland, Colorado 80537
Telephone: 667-1023
STATE OF COLORADO )
SS.
COUNTY OF LARIMER )
WARREN STOBBE , being first duly sworn upon his oath, •
deposes 'and says that he is President of Interladco, Inc. , one
of the Plaintiffs herein; that he has read the foregoing petition
and complaint and knows the contents thereof, and that the state-
ments contained therein are true to the best of his knowledge,
information and belief.
Subscribed and sworn to before me this Ay t4 day of
January, 1973. 7-2
My commission expires: (/ Z4)7_4: /y 976.
/12/Z,
Notary Public
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•
E A
FINDINGS AND RESOLUTION
CONCERNING INDIANHEAD SUBDIVISION PLAT
The petition of Interladco, Inc. , c/o Warren Strobbe, requesting
approval, execution and recordation of a subdivision plat of the Northeast
Quarter (NEI) of Section Eighteen (18), Township Five (5) North, Range
Sixty-seven (67) West of the Sixth P. M. , Weld County, Colorado, designated
as "Indianhead Subdivision" hereinafter referred to as the "plat", came
on for hearing on October 30, 1972, and the Board of County Commissioners
of the County of Weld, State of Colorado, having heard the testimony and
evidence adduced at said hearing and having considered the testimony,
evidence and recommendations of the Weld County Planning Commission
filed with said Board, and having carefully weighed the same, now makes
the following findings:
1. The evidence and testimony disclose that the applicant failed
to sustain the burden of proof as to the need for a subdivision of this nature
and size in a rural and remote area of the county;
2. That said plat encompasses land located with an area zoned
"A" Agricutural and favorable consideration would have an undue adverse
effect on existing agricultural uses adjoining and adjacent to the proposed
subdivision;
3. The evidence and testimony show that the inhabitants of the
immediate vicinity of the area proposed to be subdivided are unanimously
opposed to the subdivision;
4. The evidence and testimony show that said subdivision would
create an undue burden on existing fire and police protection services,
and additionally, would create an undue burden on the existing facilities
of. School District Re-5J;
5. The evidence and testimony, including personal inspection of
the subdivision site, disclose that a subdivision of this nature in said
%rural and remote area of the county would only tend to encourage urban
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sprawl and uncontrolled expansion within the county;
6. The evidence and testimony disclose that the remoteness and
isolation of this subdivision from existing residential and commercial
development with their conveniences and amenities, and said location
being outside of the normal growth pattern for this type of residential
development make it reasonably forseeable that the impact of this urban
use will be detrimental to the development of agriculture in Weld County,
7. The evidence and investigation show that there is a need for
J- .a
an environmental impact study and development of a comprehensive
• iG }:
a plan for the greater Loveland, Greeley and Windsor areas, which would
include the area sought to be subdivided, and therefore, approval of the
` rjzt ,
plat for said subdivision at this time would be premature and not in the
interest"of good planning.
FURTHER, The Board makes the following additional findings:
`-
c' . 8. Said final plat is in violation of the Weld County Subdivision
1
Regulations, as revised April 21, 1971, in the following respects:
(a) Section 5. 1(3) requiring (good and sufficient dedication
of all streets . . as shown on the plat to the public)".
(b) Section 3. 7 - requiring reservation of "Suitable are
for school, park, through street or similar public purposes,
and where . . not dedicated on the plat . . . . arrange-
ments for said transfer of title shall be agreed upon prior
, :,_ to approval of the final plat".
..'A':
(c) Section 3. 6 (1) prohibiting platting lots in areas
subject to flooding (Block 3, Lots 20, 21 and 22).
a:
9. Non-conformance of final plat with preliminary plat which shows
- minimum 150' right of way for U. S. Highway No. 34.
10. No provision for maintenance of proposed sewage treatment
facility.
11. No provision for adequate fencing and maintenance along Greeley,
Loveland Ditch and Farmer's Ditch.
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12. That each of the preceding findings in and of themselves and
independent of each other constitutes a separate and individual ground for
denial of the plat.
RESOLUTION
WHEREAS, the Board of County Commissioners of the County of
Weld, State of Colorado, has heard the petition of Interladco, Inc. ,
c/o Warren Strobbe, requesting approval, execution and recordation of
a subdivision plat of a parcel of land as hereinabove recited and made a
part hereof by reference, and
WHEREAS, said Board has made its findings on the evidence and
testimony submitted to it, including personal inspection of subdivision
site, which findings precede this resolution and by reference are incor-
porated herein and made a part hereof, and
WHEREAS, the said Board has carefully considered the final plat,
evidence and testimony and the recommendations of the Weld County
Planning Commission and has given the same such weight as it in its
discretion deems proper, and is now fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED, that the petition of
Interladco, Inc. , c/o Warren Strobbe, requesting approval, execution
and recordation of a subdivision plat of a parcel of land indicated above
_ rr '
be, and it hereby is denied on each of the grounds set forth in the Board's
findings therein.
Made and entered this 90th day of December, A. D. , 1972.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
•
Clerk of the. Board
Byc.. 'i -Deputy County Clerk /
IA V l l�
APED ASC�O FOiRMJ: `
County Attorney -i
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. 23531
INTERLADCO, INC. , a corporation, )
LENNART MELLIN and GLADYS MELLIN, )
)
Plaintiffs , )
)
vs . )
) ORDER UNDER RULE 106, COLORADO
GLENN K. BILLINGS, HARRY S. ) RULES OF CIVIL PROCEDURE
ASHLEY, MARSHALL ANDERSON )
and ROY MOSER, as individuals )
and as jointly constituting )
and being the Board of County )
Commissioners in and for the )
County of Weld, State o£ )
Colorado, LEONARD BARTELS, )
GLEN ANDERSON, DONALD CLARK, )
JOHN WATSON, J. BEN NIX, )
RONALD HEITMAN, JOHN WEIGAND, , )
PHILIP BOWLES, ELMER ROTH and )
BILL ELLIOTT, as individuals )
and as jointly constituting )
and being the Weld County )
Planning Commission, and )
BURMAN LORENSON, ,individually )
and as Planning Director for )
the County of Weld, State of )
Colorado, )
)
Defendants. )
This matter coming on for hearing upon the verified
Petition and Complaint of the Plaintiffs, which Complaint con-
tains an application for an order to show cause, and the Court
having read the Verified Petition and Complaint and having heard
statements of counsel, and now being fully advised in the premises,
FINDS that a citation as prayed for should be issued.
. WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows :
L That Clerk of this Court issue a citation commanding
the Defendant Board of County Commissioners and the individuals
comprising said Board and Defendant Weld County Planning Commission
and individuals comprising said Commission to certify fully to this
Court on or before the o - day of , 1973, at
or before the hour of 4:00 I.M. , a full and complete transcript
of any and all records, discussions, matters and proceedings of
said Board and by and among its members or any of them either
publicly or privately, and the same respecting the Commission and
its members, each as relates to its own actions and all relating
to the application of Plaintiff Interladco, Inc. for approval of
a plat of its Indianhead Subdivision as referred to in the complain
herein, a copy of which shall be attached to the Citation and
served therewith.
2. That said Citation require the Defendant Board of
County Commissioners and the individuals comprising said Board to
stay all proceedings presently pending before said Board with
respect to the subject property as referred to in the complaint
herein.
3. That such Citation require of Defendants herein to
show cause on or before the aforesaid date and on or before the
aforesaid hour on said date why said Board of County Commissioners
should not be required to approve the final plat of Indianhead
Subdivision referred to in the complaint and petition herein.
4. That such Citation require of Defendants herein to
show cause on or before the aforesaid date and on or before the
aforesaid hour on said date why the decision of the Board of
County Commissioners of Weld County should not be reversed and
that Board required to reconsider the final plat of Indianhead
Subdivision and to take such further steps as may be necessary
to comply with the law.
5. That a Citation be issued by the Clerk and served by
any person qualified under the Colorado Rules of Civil Procedure
to serve process.
DONE IN OPEN COURT this x--\ day o � ' 19
BY TBEkOURT:
Judge
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