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Home My WebLink About700342.tiff 1 _ COPY FORM D-I SUMMONS IN CIVIL ACTION Court Filing Stamp ]lk THL DISTRICT.COURT IN FOR THE WELD maastant COUNTY OF antillat AND STATE OF .COLORADO ' CIVIL ACTION NO DIV Far F' A. H. MILLER, DORIS ACiERSON, ALVIN DECHANT, FRANK VOGEL, A.L. LUFT, •• ALICE E. PEHR, JACK BERGER, SR. , JACK BERGER, JR. , FRANK SUCKI.A• PLAINTIFF•-�•, SUMMONS vs. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO; HAROLD ANDERSON, MARSHALL ANDERSON and GLENN BILLINGS, constituting the Board o County Commi4tPletetWit,A91E"tWexCOunty of a; , . . u, .] !.. ,�[{�[f ,Q 7��[ �. ®p,, �� $ �y��,p�, Weld, state den 6f&r Ci GLJI °3Tn& aEa1RFSI4il :, {r,: NORDEN DEFENDANT...S. qtr t THE PEOPLE OF THE STATE OF COLORADO TiS flint'ove named defendant.R..,GREETING: You are hereby summoned and required to file with the clerk an answer to the complaint within 20 days=tdter service sf hs stlasaons upon'yon It-you fail so=Ew'do - rdgatent-by=default wilt-be-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 are requlrettofile-your.anSWer 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 attached Dated April 7 1970 75L i? 1r z z :— r ' Clerk of the District Court Will land Pehr Attorney for Plaintiff ..f;" 3334 West 72nd Ave. ll 30030, :,tti�linstcr, Cobra;�o 429+3576 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." IN THE 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, ) A. L. LUFT, ) amp ALICE E. PEHR, JACK BERGER, ) SR. , JACK BERGER, JR. , FRANK ) SUCKLA, ) ) Plaintiffs, ) ) vs ) COMPLAINT ) THE BOARD OF COUNTY COMMIS S IONER S ) 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 o€ Colorado, ) and GEORGE NORDEN, ) ) Defendants. ) ) Plaintiffs complain and allege against Defendants as follows: FIRST CLAIM FOR RELIEF q 1. That the Plaintiffs are residents of Weld 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 SWW4 of Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, containing approximately 43 acres, more or less, and lying southerly of the Bull Ditch. 2 . That the Defendant Board of County Commissioners of the County of Weld, State of Colorado, is a body politic organized and existing 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 Sigh 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. That the Defendant Norden has heretofore commenced the construction of a sanitary land fill and trash dump without first obtaining approval of the Board 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 Couty, 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 location 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 State of Colorado, and constitutes the deprivation and taking of private property without due process of law. G. That the determination by the Board of County Commissioners to grant the said permit to Defendant Norden, without a public hearing, without the taking of evidence, and without giving notice to the general public, and the Plaintiffs herein, or to -2- other persons who sight be interested in the location thereof, constitutes an abuse of their discretion and an act in excess of their juriseediction. 9. That the issuance of the permit for a sanitary land fill and trash dump will be injurious to the Plaintiffs' property and rights and will cause a dimuuition in the value thereof and will deprive them of their property or the full enjoyment thereof without first affording to them dueeprocesssa guaranteed to them pursuant to the Constitutions of the United States of America and the State of Colorado. 10. That the Plaintiffs have no plain, speedy and adequate remedy at law, and will sustain irreparable harm and damage. 11. That the Board of County Commissioners be ordered and directed to certify to this Court, at a time specified, a transcript of the records and proceedings had 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 see within the time and manner specified by this Courts and to require the Ord of County Commissioners to hold a public hearing, if the Court so determines. WAEBBFOnB, 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 bearing, if any: s to deay said application by the Defendant Norden for a sanitary land fill or trash due and to stay all proceedings, including the issssuance 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 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 SW14, Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. 3. For a preliminary injunction reatrahing 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 SW , Section 2, Township I North, Range 67 West of the 6th P.M. , Weld Couty, 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 SO, 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. 5. That if the Court determine that the Weld County Zoning Resolution, insofar as applicable to sanitary land fills, does not violate the Constitutions o₹ the United States of America r4s 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 CLAIN 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. WHEREFORE, 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 effect, and to permanently enjoin the Defendants, and each of them, their attorneys, agents and employees, from issuing .3w any permits or conducting any hearing thereunder. 2. For costs incurred herein. 3 . For a temporary restraining order, *straining 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 and different relief as to the Court may seem meet and just in the premises. 7 William Fehr Attorney for Plaintiffs 3380 West 72nd Avenue Westminster, Colorado 80030 429-3576 Plaintiffs' Address: Fort Lupton, Colorado STATE OF COLORADO ) ) ss COUNTY OP WELD ) A. H. Miller, Loris I,ckerson, Alvin Dochant, Frank Vogel, Ernest Terry, A. L. Luft, earl Cary. Alice E. Pehr. Jack Berger, Sr., tack Borger, Jr., Frank Suckle, Sheldon Siokle►r and August Gatline, being of lawful agee and being first duly sworn upon their oath, depose and states That they aro the Plaintiff. herein,, that they have read the foregoing Code faint, know the contents thereof, and that the sane is true of their can knowledge and be lie f. A. H. Miller Doris Ackerson Alvin Dechant Prank Vogel Brnest Terry A. L. Luft _ r �! Carl Cary I < <. .- A c it. Pehr Jack aergeer. Sr. } Jack Berger, Jr. Frank Suokla Sheldon Sickles August Getliae Subscribed and sworn to before me this 7th day of April, 1970. My commission expires Notary Public IN THE 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. PEHR, JACK BERGER, ) SR., JACK BERGER, JR. , FRANK ) SUCKLA, SHELDON SIMMER and ) AUGUST GETLINE, ) ) Plaintiffs, ) MOTION FOR TEMPORARY vs ) RESTRAINING ORDER ) 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 Colcr ado, ) and GEORGE NORDEN ) ) Defendants. ) ) The Plaintiffs, by their attorney, William Fehr, show to the Court that they have herdofore 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 SWig, 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 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 construction 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. WHEREFORE, 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 sw14 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 STATE OF COLORADO ) ) s8 COUNTY OF WELD ) A. H. Miller, Doris Ackerson, Alvin Dechant, Frank Vogel, Ernest Terry, A. L. Luft, Carl Cary, Alice E. Fehr, Jack Berger, gt., Jack Berger, Jr. , Frank Suckle, Sheldon Sickler and August Getline, of lawful age, being first duly sworn upon their oath, depose and state: That they are the Plaintiffs herein, that they have read the fregoing Motion for Temporary Restraining Order, 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 Ernest Terry A. L. Luft t i ai,1 �� 1. `✓ Carl Cary I Ai.„ Alice E. Fehr J 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 THE 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. PEHR ) JACK BERGER, SR. , JACK BER©ER, JR. , ) FRANK SUCKLA, SHELD{Nt SICKLER and ) AUGUST GETLINE, ) ) Plaintiffs, ) ) ORDER DIRECTING ISSUANCE vs ) OF TEMPORARY RESTRAINING ORDER 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 NORDEb ) Defendants. ) ) THIS MATTER COMING ON this day of �`1 ��„ - , 1970. upon Plaintiffs' Motion for a Temporary Restraining Order, and the Court having heard oral testimony, having heard statement of counsel, and now being fully informed in the premises, DOTH ORDERS That theClerk of this Court be, and is hereby, directed to issue a Temporary Restraining Order to the Defendants, and each of them, restraining them until the further order of this Court from issuing a permit to Defendant George Norden for the operation and con- struction of a sanitary land fill and trash dump on a tract of land located in the SW4, Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and further restraining them from proceeding in any manner with the issuance of said permit or the operation and construction of the sanitary land fill and trash dump. DONE IN OPEN COURT this day of April, 1970. BY THE COURTS Judge IN THE 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. PEHR, ) JACK BERGER, SR. , JACK BERGER, JR. , ) FRANK SUCKLA, SHELDON SICKLER and ) AUGUST GETLINE, ) Plaintiffs, ) vs ) TEMPORARY RESTRAINING ORDER ) 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 . ) THE PEOPLE OF THE STATE OF COLORADO s TO: 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, SEND GREETING: At this day come the Plaintiffs by their attorney, and the said Plaintiffs having filed complaint and motion in our District Court against the above named Defendants, praying for a restraining order against said Defendants, requiring them to refrain from certain acts, in said complaint and motion, and hereinafter more particularly mentioned. On reading the said motion in this action, and it satisfactorily appearing to the Court therefrom, that it is a proper case for a restraining order, and that sufficient grounds exist therefor, and the necessary and proper undertakings having been given: IT IS THEREFORE ordered by the Court that until the further order of said Court, you and each and every one of you, your and each of your servants, agents, attorneys, employees, and all persons acting under the control, authority or direction of you, do absolutely refrain from and desist 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 SW14, Section 2, Township 1 North, Range 67 West of the 6th P.M., weld County, Colorado, and further from proceeding in any manner with the issuance of said penait or the operation and construction of the sanitary land fill and trash dump. WITNESS the Honorable Judge if of the District Court of the Nineteenth Judicial District of the State of Colorado, with the seal thereof affixed, at my office, in Greeley, thistw day of April, 1970. 11 " Clerk ay _ Deputy TIME ISSUED: cf , C`7 h +v\.. Hello