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RESOLUTION
RE: AUTHORIZING THE COUNTY ATTORNEY TO DEFEND THE
BOARD AND ALL NAMED DEFENDANTS IN THE CASE
ENTITLED "H. GORDON HOWARD, ET AL, VS. THE COUNTY
COMMISSIONERS, ET AL, CIVIL ACTION NO. C-3640,
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
COLORADO. "
BE IT RESOLVED, that the Board of County Commissioners,
Weld County, Colorado, authorizes the County Attorney to defend
said Board and all named defendants in the case of H. Gordon Howard,
et al, vs. The County Commissioners, et al, Civil Action No. C-3640,
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 2nd day of February,
1972.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Clerk oYthe Board
By: Deputy County Clerk
APPROV,D AS TO FORM:
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'County Attorney
720580
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SUMMONS IN A CIVIL ACTION (Formerly D.C. Form No. �S S.v. ( z- )
linittb ibtatto 3Diztrict Court
FOR THE
DISPAUCT O'' COLORADO
C-3640+
CIVIL ACTION FILE NO.afi
H.GORDON HOWARD, INDIVIDUALLY,
AND AS TRUSTEE FOR GLADYS
IOLA HOWARD, A'_`.D TIMOTHY
GORDC N HOWARD, THE ADULT AND
MINOR $:;,NEF IC IARIES OF THE
HC'+YARD LAND TRUST,
Plaintiff ,PRO SE, SUMMONS
v.
THE C 0 7:NTY OF WELD; THE COUNTY
CC1 PISSI_ 'ERS 0 WELD COUNTY;
AND THE ZCNING AND PLANNING
COI•'I~7ISSION OF -HE COUNTY OF
XXE WELD, AND STATE OF COLORADO,
Defendant S.
To the above named Defendant S:
You are hereby summoned and required to serve upon H. GORDCI HOWARD, PRO SE,
THE AEOVE.-NAteD PLAINTIFF, Ind ivirlually and as trustee as
set forth. here nnbove,
pla maktunegx , whose address is 2470 South Ivanhoe Pl7ce, Holly Hills,
Denver, Colorado, 80222
AND FILE WITH THE CLERK OF THIS COURT
an answer to the complaint which is herewith served upon you, within 2 0 days 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.
G. WALTER BOWMAN
--- ------------------- ---------
Clerk of Court.
Deputy Clerk.
Date: iTa nu P ry 6, 1972. [Seal of Court]
Note:—This summons Is Issued pursuant to Rule 4 of the Federal Rules of Civil Pr000dureW E L D CO. C O iM Y I SS I O N E R S
GREELEY, COLO.
RECEIVED
JAN 27 1972
A.M. P.M.
61�tal9llOlliI12I1I2�3�41518
IN THE DISTRICT COURT OF THE UNITED STATES
IN AND FOR THE DISTRICT OF COLORADO
CIVIL ACTION N0. C_3640
W. GORDON HOWARD, INDIVIDUALLY, )
AND AS TRUSTEE FOR GLADYS IOLA )
HOWARD, AND TIMOTHY GORDON ) COMPLAINT ON A
HOWARD, THE ADULT AND MINOR )
BENEFICIARIES OF THE HOWARD ) FEDERAL QUESTION
LAND TRUST, PRO SE. )
) UNDER TITLE 28
PLAINTIFF, PRO SE, )
) U. S. G. A. , SECTION
VS.
THE COUNTY OF WELD; THE COUNTY ) 1331.
COMMISSIONERS OF WELD COUNTY; )
AND THE ZONING AND PLANNING )
COMMISSION OF THE COUNTY 0! )
WELD, AND STATE OF COLORADO. )
)
DEFENDANTS. )
)
COMES NOW the Plaintiff, above-named,
Fret So. and complains and alleges, to wits:
1. That this action arises under Title
28, U. S. C. A. , Section 1331 on a Federal Question.
2. The Plaintiff is a trustee of the
Howard Land Trust for Gladys Iola Howard, and Timothy
Gordon Howard. adult and minor beneficiaries of
said trust, respectively. That said trust is
on the East 3/4 of the NW 1/LS of Section 17, Twp.
7, North Range 67, West of the 6th P. M. in Weld
County, Colorado. on approximately 122 acres
of land that was changed from agriculture to
trailer park, campground, and commercial business
by the Plaintiff in the year 1959 in tote.
3. That the defendants promulgated a County
Zoning Ordinance on About Nove. 2, 1966, and recorded
a Resolution concerning the Zoning of Weld County.
Colorado with the County Clerk and Recorder of said
County on November 28, 1966, around seven years after
2--
the Plaintiff had changed` the character of said.
trust land from agricultural to commercial and
business development. That in about 1961, the
Plaintiff purchased his first trailer park and campground
license from the State of Colorado, after notification
by the State of Colorado that a campground and trailer
park business must be licensed.
4. That the defendants, with full knowledge
that the Plaintiff was installing and had installed
35 ti► ter spaces and a huge slptie tank for their
use during the summer of 1971, and after approval
of the same by the State Health Department, and the
County Health and Zoning Inspector, Mr. Art Gawthorp,
sometime in September of 1971, or thereabouts, the
Weld County Zoning and Planning Depar-kment on January
6', 1971 interfered with and refused to approve the
new installations, thereby preventing the Plaintiff
from getting the Poudre Valley Rural Electric Assn,
electrical
Inc. to install
iYXperg poles,and meter boxes, and
overhead lights for use with said 35 spaces.
4. That the Plaintiff already had 34
trailer spaces in his trailer park and campground'
before the installation of the last mentioned
35 spaces on which the County Assessor and the
County Treasurer of Weld County has timid levied
taxes as permanent improvements.
5. That with the knowledge and acquiescence
eftthe County of Weld, and the defendants, above-named,
the Plaintiff had as permanent installations a cafe
and grocery store, a Chevron Gasoline Station, a
Aublic Laundromat. and a shower building for men
ord5nance
and women. That said zoning ,
R'00904r4r
d has caused
plaintiff irreparable and irremedial loss and injil y,
and damages alone will be insufficient compensation,
without an injunction.
3--
That all of said improvenents were classified by
the County Assessor and the County Treasurer of
Weld County as permanent improvements and were
taxed as such):
6: That the Plaintiff had before there
was any unconstitutional zoning ordinance passed
in Weld County, filed an affidavit wth the County
Clerk and Recorder of said County specifying that
he intended to put in around 80 trailer spaces on
Plaintiff
the said property, and that thereafter, the mom
within about thirty days took a transit and steel
measuring, tape and laid out plans for the installation
of a minimum of 600 to 700 trailer park spaces on
the land, hereinabove described in paragraph 2, supra`
That the Plaintiff has an electric aaplitfsupply,
and a public approved water supply, and all the
facilities at his disposal that are necessary for
the complete carrying out of said aforesaid plans.
7. That the County Zoning board and Planning
Commission has encouraged the Plaintiff within the
past two .years to expand the entire said 122 acres
into t#l'ailer park, campground, and commercial
businesses, but changed their mind on January $,
1971 and made a complete about fact, after the Plaintiff
had invested thousands of dollars in promotion, advertising,
and equipment and labor on said project, relying
on the acquiesence of said defendants;
8. That the said zoning ordinances of
Weld County , aforementioned, r.bove in paragraph 3
of this said complaint are invalid and unconstitutional
4__
in that they are in conflict and interfere with
propert
Plaintiff's let ts, civil rights, personal
rights, and liberty and freedom of action under the
14th Amendment to the United States Constitution,
and likewise under the 5th Amendment to the United
States Constitution, involving due process of law,
and equal protketion of the laws to individuals
similarly situated, as citizens of the United States
9. That the interference and prohibition
of the defendants. restricting and restraining the
Plaintiff from the full enjoyment and development
of his trailer park and campground. and incidental
commercial businesses, which are not detaimental
to public health, safety, morals, or general welfare
are invalid, arbitrary, unlawful, and contrary to
Plaintiff's inalienable rights, privileges and
immunities under the aforesaid Amendments to the
United States Constitution.
10. That the defendants claim that thhy
can zone out legitimate business and commercial
;undertakings and developments by keeping all the
land in Weld County restricted to an arbitrary
classification of agrarian zoning as farm land.
That this is contrary to the cases of the appellate
courts of the highest tribunals in the States and'
the Federal jurisdiction, which show that agricultural
land is open and cannot be zoned to exclude legitimate
business and commercial developments.
11. That the defendants by their unconstitutional
and illegal acts are trying to thwart a business
develepement which within five ,years should produce
around $50,000.00 a mongh gross income, when fully
completed: That said business is located by
said P1Adntiff on main State Highway 14, just four
miles East of U. S. Highway 87 (Interstate Highway 25'),
and 6 miles from the Fort Collins, Colorado city
limits. That the Plaintiff's business is only 2 and
llt miles from the new Black Hollow Reservoir Recreation
Area of the Colorado Game and Fish Department, and
its development is sorely needed by workers of the
Eastman Kodak Factory near Windsor, Colorado, and- by
the other people in the iiiarea. Damages sought
herein are in excess of $10,000.
WHEREFORE, Plaintiff prays that this
Honorable Court will declare said invalid $oning
ordinance of the County of Weld and State of Colorado
to be unconstitutional, and will enjoin the defendants
from using or exploiting said unconstitutional
ordinance against the Plaintiff; ,nd will enter
a judgment in the sum of $1,500,000.00 against the
defendants, and each of them, in favor of the
Plaintiff as a proximate result of the injuries
caused the Plaintiff by said illegal zoning
and pllanning ordinaneeA. Plaintiff further
asks this Court for such other remedies, and
relief as may appear to this Honorable Court to be
just,meet, and reasonalhe in the premises;
Respectfully Submitted.
I 47
Plaintiff, Pro Se.
2470 South Ivanhoe Place,
Denver. Colorado,
80222
Address of Plaintiffs
2470 S. Ivanhoe Placed
Denver,Colorado, 80222
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