HomeMy WebLinkAbout700005.tiff RESOLUTION
RE: AUTHORIZING JAMES H. SHELTON, ESQ., TO DEFEND THE
BOARD IN THE CASE ENTITLED N. J. NIcCONAHAY, ET AL,
VS. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO, CIVIL ACTION NO. 19832
IN THE DISTRICT COURT, WELD COUNTY, COLORADO.
BE IT RESOLVED, that the Board of County Commissioners,
Weld County, Colorado, authorizes James H. Shelton, Esq. , to defend
said Board in the case of N. J. McConahay, et al, vs. Board of County
Commissioners of the County of Weld, State of Colorado, and to do
whatever is necessary in bringing the matter to a speedy conclusion.
BE IT FURTHER RESOLVED, AND IT HEREBY IS ORDERED,
that the County of Weld assume the cost of the defense of the above
entitled action until final determination of the case.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted this 7,<day of January, A. D. , 1970, by the
following vote:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
rt-nrendpi
CLERK OF E BOARD
- Depufy Cc:rnfy Cl..�k
APPROVED AS TO—FORM: _( COUNTY ATTO ERN Y '
PL0119
I':'; L',!;, 3 2. 700005
MARSHALL ANDERSON.alt. CHAIRMAN CSB9Nffir —
itliEEL H ., NNERS COLO.
NT. a. SOX LIGLENN K. MILLINGS,sit CHAT AN
HAROLD WJC STOEN. CO Mersin, OFFICE or THE BOARD OF COUNTY COMMISSIONERS
SAMUEL S. TRUMP CommTY AMINE, ' D
ANN SPOME. COUNTY CLERK December 22, 1969
AND CLERK or SCANS
PHONE E$E4itl EXT. it
Received this 29th day of December, 1969, the originals of
all documents, evidences and transcript of testimony and
proceedings in the matter of N. J. McConahay and Buffalo
Park Development Co. , a Colorado Corporation, d/b/a
Mountain Land Realty vs the Board of County Commissioners
of the County of Weld, State of Colorado, Civil Action
No. 19832.
Clerk thg ats riot ourt
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IN THE i::>.cO: COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
CIVIL ACTION NO. 19832
N. J. McCONAHAY, and BUFFALO )
PARK DEVELOPMENT CO. , a Colorado )
Corporation, d/b/a MOUNTAIN LAND )
REALTY, )
Plaintiffs )
)
vs ) CERTIFICATION
BOARD OF COUNTY COMMISSIONERS OF ) OF
THE COUNTY OF WELD, STATE OF )
COLORADO ) RECORD
)
Respondents )
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 December 22, 1969, to-wit:
A. Planning Commission resolution of recommendation to the
Board of County Commissioners: Case #Z-71, Change of Zone
"A" Agriculture to "MH" Mobile Home recommended unfavorable.
B. Notice dated March 13, 1968, setting hearing date as 4/17/68
ordered published by County Commissioners.
C. Notice of hearing mailing certificate and receipt
D. Certification of hearing held on 4/17/68.
E. Findings and Resolution by County Commissioners dated 5/15/68
granting conditional zoning for a period of one year.
F. Letter dated 5/22/68 to the Board of County Commissioners
from Kenneth T. Colwell, Attorney for petitioner.
G. Letter dated 4/30/69 from Don R. Cummins, Secretary of the
Fort Lupton Planning Commission.
H. Letter dated May 9, 1969, from John P. Donley, Attorney for
the petitioner.
I. Letter dated 5/12/69 from Everett Hogelin, Secretary for the
Fort Lupton Fire Protection District
J. Planning Commission resolution of recommendation to the Board
of County Commissioners.
K. Request to be heard-dated 6/10/69, from John Donley, Attorney for
petitioner.
L. Notice dated 6/18/1969, setting hearing date as 7/23/69,
ordered published by County Commissioners.
M. Notice of hearing-mailing certificates and receipts.
N. Certification of hearing held on 7/23/69
0. Petitioner's Exhibits: "A" through "P".
A. Plat of Mobile Home Park
B. Letter dated 3/1/69 from Planning Commission
C. New plat of Mobile Home Park
D. Letter dated 5/9/69 to R. Lewis from T. Bean
E. Plat of Water and Sewer data
F. Letter dated 5/13/69 from R. Lewis to Planning
Commission
G. Details of Utility Service
H. Document from T. Bean
I. Letter dated 7/10/69 from R. Lewis to G. Paul,
Health Dept. Sanitarian
J. Letter dated 6/9/69 from James Drilling Co. to
G. Paul.
K. Letter dated 5/12/69 from R. Lewis to G. Paul
L. Letter from Wm. B. McDowell and Associates,
Consulting Engineers: Project 6979-Perculation Test
Percolation test locati^n
M. Application for permit to drill well
N. Map and statement for water well findings - State
of Colo. Division of Water Resources
0. Standard Bacteriological Water Test, dated 11/12/68.
P. Covenants and regulations for Mountain View Mobile
Home Estates
P. Transcript of hearing.
Q. Resolution dated September 17, 1969, by the Board of County Commissioners .
IN WITNESS WHEREOF, we have hereunto set our hand and affixed the seal
of said County, at Greeley, Colorado, this 22nd day of December, A. D. 1969.
THE BOARD OF COUNTY COMMISSIONERS
WELD;-'.C,0UNTY, COLORADO
/ P
/
1141 V,77117.";,:7
ATTEST:
County Clerk'..and Recorder
TO: Board of Adjustment
Board of County Commissioners NOTICE OF APPEAL
Weld County, Colorado
COMES NOW N. J. McConahay, Appellant, by his Attorney,
Kenneth T. Colwell, and respectfully appeals the decision of the Weld
County Planning Commission as affirmed by resolution of the Board of
County Commissioners of Weld County, Colorado, on December 14, 1966,
whereby the West One-half (Wz) of the East One-half (El) of Section Thirty-
four (34), Township Two (2) North, Range Sixty-six (66) West of the 6th
P. M. , Weld County, Colorado, was zoned from "MH" - Mobile Home
District to "A" - Agricultural District; and appellant would further show
unto the Board of Adjustment as follows:
1. That appellant is an aggrieved person and submits this appeal
to said Board of Adjustment in compliance with 106-2-17 (1 ), 1963, C. R. S. ,
and Section IX, 9. 1 (2), Official Zoning Resolution of Weld County Planning
Commission, revised October, 1964.
2. That the said above described property was zoned "MH" - Mobile
Home by resolution dated November 10, 1965, by the Board of County
Commissioners.
3. That said resolution contained in part the following:
"(4) The change of zoning is contingent upon proof
that construction is under way within twelve months
from date of this resolution, and if construction is
not under way in said length of time, the zoning shall
revert to "A" - Agricultural Zone. "
4. That appellant, in compliance with said resolution of November 10,
1965, did prior to November 10, 1966, commence construction and other
preparatory work in conjunction with the development of the above described
property as a mobile home district as follows:
(a) Drilled a suitable and adequate water well immediately
adjacent to said mobile home district at a cost of $11 00. 00;
said well was drilled on or about September 1, 1966, at a
depth of 258 feet, and the water therefrom has been tested
and found acceptable by the State Department of Public
Health for purity and minerals.
(b) Has expended the sum of approximately $300 during the
summer of 1966 for roughing-in roads in said district.
(c) Has made numberous visits and conferences with the Public
Service Company of Colorado, during the summer of 1966 for
installation of electrical transmission and service lines to
and within said district at a proposed cost of approximately
$3, 000. 00.
(d) Has obtained preliminary plat from Nelson, Haley, Patter-
son & Quirk, of Greeley, Colorado, in January, 1966, at a
cost of $200. 00, and has further paid $1, 000. 00 to said firm
on or about November 1, 1966, for work in progress concern-
ing final survey and platting of said area.
(e) Has engaged Jack Schwab of Brighton, Colorado, during
the summer of 1966 for installation of adequate septic tanks
in said mobile home district and has advanced the sum of
$1, 000. 00 for such purposes.
(f) Has erected upon said area a sign advertising trailer
house locations thereon, and has on other occasions inserted
ads in the Denver Post and Rocky Mountain News relative to
said area.
WHEREFORE, the appellant respectfully represents that the resolution
of December 14, 1966, was incorrect and in error in the re-zoning of the
above described property from "MH" - Mobile Home to "A" - Agricultural,
for the following reasons:
1. Said Planning Commission and Board of County Commissioners had
no authority to grant conditional zoning for a period of one year.
2. That the Planning Commission and Board of County Commissioners
had no authority to re-zone and void the original zoning resolution of Novem-
ber 10, 1965.
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3. That substantial compliance with the original zoning resolution
of November 10, 1965, was made by the appellant, and the determination by
said Planning Commission and Board of County Commissioners that no work
had commenced prior to November 10, 1966, was without basis in fact.
WHEREFORE, appellant requests that the Board of Ajustment considers
the matters contained herein and upon proper notice hold a hearing in connection
therewith; and further that said Board of Adjustment recommend the re-zoning
of the above described property from "A" - Agricultural to "MH" - Mobile
Home.
Dated this -c. iC day of January, 1967, at Greeley, Colorado.
Ken T. Colwell
Attorney Appellant
210 First National Bank Building
Greeley, Colorado
Telephone: 353-1986
Appellant's address:
4963 Harlan Street
Wheatridge, Colorado
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND
STATE OF COLORADO
Civil Action No. h't'
N. J. McCONAHAY, and BUFFALO ]
PARR DLVI LOP 1l NT CO. , a Colorado]
Corporation, d/b/a MOUNTAIN LAND]
REALTY, ]
]
Plaintiffs , )
] CITATION TO SHOW
vs. ]
CAUSE
BOARD OF COUNTY COMMISSIONERS OF]
ThE COUNTY CF WELD, STATF. OF ]
COLORADO, ]
ThE PEOPLE OF TIlL STATE OF COLORADO TO THE DEFENDANT, THE BOARD
OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO:
GREETINGS:
You are hereby required and commanded to appear before
this Court within thirty (30) days after the issuance of this
C1 tat on t:; `:' O'n' Cause, if any you have , why the resolution
entered try you in your case No. , dated September 14 ,
1969, and adopted at your regular meeting held on Septer, er 14 ,
191:9, rezoning the property described in the Corplaint herein from
"MU" :•sobile home District to "A" Agricultural District , should
not be reversed, set aside, doclaired null and void and held for
naugnt; and you are further directed and commanded to certify and
deliver to this Court, a co i plet and accurate transcript ard
record of all exhibits , petitions or applications for rezoning,
letters and ether evidt:ni.iar;. natters, inc.luding a full, complete
and accurate transcript of the heaTins held by you in respect to
the resolution considering the afore, described petitions Or 'p-
plications for rezoning and any other materials Presented before
the .iUe rd ltItun Which Said floaard lased its resolution, :and to desist
from, all further proceedings in the matters to be reviewed herein.
Issued under my hand and seal of said District Court
this-' ,j" u,ay of uecember, 1969.
.". \ � Clerk of the District Court
•MINT om;�`
IN TEE DISTRICT CoUkT IN AND FOR THE
COUN I Y OF WELD AND
STATE OF COLORADO
Civil Action No.
N . J. -c:CONAIIAY, and BUFFALO ]
PARK PLVLLOPMLNT CO. , a Colorado]
Corporation, d/b/a NOUNTAIN LANPI
REALTY , ]
1
Plaintiffs , ]
]
vs. SUMNONS
]
OARb OF COUNTY CO `MTSSIONL1.:;, :)1 ]
TEL COUNTY O1' FIELD, STATE OF ]
COLORADO, j
Defendant, ]
PLV1'l.i. OF if L Tr ii (r C:)L( iPrs)
To the above named defendant, C):.LLTI
You are hereby summoned and required to file with the
cierl, an answer to tae tLe l;tn = faint :.i`' ir. 20 ds.yc after service of
this summons upon you. If you fail so to do, judgment by default
will 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, of if a copy of the complaint be not served upon
you with this summons , you are required to file your answer to the
complaint within 30 days after service of this summons upon you.
This is an action for review in the nature of certiorari,
as more fully set forty► in the verified Complaint attached hereto;
bated: /f et f 1 /ei
t Gorge M. qriber
Attorney for Plaintiffs
5603 Yukon Street
Arvada, Colorado 424-3353
Note: This summons is issued pursuant to Rule 4 , Colorado Pules of
Civil Procedure.
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND
STATE OF COLORADO
Civil Action No.
N. J. cCONAfiAY, and BUFFALO ]
PARK DLVELOP, LNT CO. , a Colorado]
Corporation, d/b/a MOUNTAIN LAND]
REALTY, ]
Plaintiffs, ]
I
vs . I ORDER
I
BOARD OF COUNTY CCIi~MISSIONERS OF]
T L COUNTY OF WELD, STATE OF ]
COLORADO, ]
]
Defendant , ]
This matter coww:ing on to be heard this day of December,
19t,9, upon the verified Complaint For Review In The Nature of Certiorari
in the above entitled cause, and the Court having examined said veri-
fied Cor,llair.t, having heard statements of counsel , and being fully
advised in the premises ,
LOTH FIND: That the Court has jurisdiction of the parties
and the subject matter, and that, good cause has been shown for the
relief prayed for, now therefore, it is
OEDEKLU: That the Clerk of this Court, under the hand of
said Clerk and the seal of said Court, issue forthwith a citation
directed to the County Comaissioners of the County of weld , tntc
of Colorado , commanding said Board to appear before this Court
within thirty (3() days after the issuance of said citation to
show cause , if an; it have , why the resolution. entered by said
Leard Ii: its cti t i.(� . , dated Septe"'her 14 , 1969 , and
adopted at its regular meeting held on September 14 , 19C9 , rezon-
ing the ;.r.)per-ty described in the Complaint herein from "sT" n'ot;ile
home District to "A" AgriculturalDistrict, should not be reversed,
set aside, declared null and void and held for naught, and further
directing and commanding said Board of County Commissioners to
certify and deliver to this Court, a complete and accurate trans-
cript and record of all exhibits , petiticns or applications for
rezoning , letters and other evidentiary matters , including a full ,
complete and accurate transcript of the hearings held by the said
Board in respect to the resolution considering the aforedescribed
petitions or applications for rezoning and any other materials
presentee before ti,e said Board upon which said Board based its
resolution, and
tqurt.lcr coli;ieanuin€; said Board of County Commissioners
to stay all further proceedings in connection with the foregoing
anu to retrain from and desist from approving or authorizing ,
directly or indirectly , any platting, or the recording of any
plats , of se.l,divisions includee ih the areas which is the subject
matter of the aforesaid rezoning resolution , and to desist from
all further proceedings in the matters to be reviewed herein.
::"cne and S..r,ns•d ire ()pelt Cnnrt th i
�. p day of December;
190:).
.Y T!ii. ((' UPT:
Judge.
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD) AND
STATE OF COLORADO
Civil Action No.
N. J. McCONAliAY, and BUFFALO ]
PARK DEVELOPMENT CO. , a Colorado]
Corporation, d/b/a MOUNTAIN LAND]
REALTY, ]
Plaintiffs , ]
3 COMPLAINT FOR REVIEI`
vs. ] IN THE NATURE OF
] CERTIORARI .
AWARD OF COUNTY COMMISSIONERS OF]
TUE COUNTY OF WELD, STATE OF ]
COLORADO, ]
Defendant , I
COME NOh the Plaintiffs above named and allege:
FIRST CAUSE OF ACTION
1. That Plaintiff, N. J. McConahay, is the owner of
the hereinafter described real estate situate in the County of
Weld, State of Colorado, to-wit:
North 20 acres of South 40 acres of the West, half,
Last 1/2 , Section 34 , Township 2 North, Range 66 West
of the 6th P. M. ,
and the Plaintiff , Buffalo Park Development Co. , d/b/a :fountain
Land Realty has an option to purchase said tract.
2. That said property was, on April 17 , 1968 rezoned
to "Mh" '•Iobile home District by resolution of the Board of County
Commissioners of Weld County, State of Colorado in accordance
with their rules and regulations for rezoning.
3. That on or about September 14 , 1969 said Board
of County Commissioners passed a second resolution, purporting
to rezone said land from "MU" Mobile hone District to "A" Agri-
cultural District. That said purported rezoning was made without
the consent, and over the objections of the Plaintiffs . That
said rezoning was arbitrary, capricous and was an abuse of the
discretion vested in the County Commissioners .
4 . That said rezoning to "A" Agricultural is a deprivation
of the property rights of the plaintiffs , is a taking of said prop-
erty without due compensation and is unlawful .
5 . That plaintiffs have no plain speedy or adequate
remedy at law.
SECOND CAUSE OF ACTION
1. Plaintiffs re-allege the allegations of Paragraphs
1, 2 and 3 of their first cause of action.
2. That said purported rezoning to "A" Agricultural
District was in fact a revocation of the "MH" Mobile Home District
and was attempted, through the Commissioners' resolution, to be
justified on the grounds that the original zoning was "conditional";
was conditioned upon plaintiffs developing said property within
twelve (12) months after the original rezoning and that plaintiffs
failed to carry out said conditions.
3. That said "conditions" attached to the original
rezoning were invalid as being beyond the legal authority of the
Commissioners to require.
4. That the attempted rezoning, to "A" Agricultural
District, since based only upon the failure of the "conditions",
is invalid and should be set aside.
THIRD CAUSE OF ACTION
1 . Plaintiffs re-allege Paragraphs 1 , 2 and 3 of their
first cause of action.
2. That plaintiffs have attempted to develop said
property and have done everything required, and within their
power to do so.
3 . That the Planning Commission of Weld County has
consistently failed and refused to issue permits on said property,
or to approve the platting and other development plans of the
plaintiffs for said property in order that development could pro-
ceed.
4 . That any failure to develop the said property was
caused by the acts of the defendant, or its agencies , and not by
failure of the plaintiffs. Defendant cannot now, therefore, rely
upon the non-development by plaintiffs for revocation of the "?Ali"
Mobile Dome District zoning.
tahEREFORE, plaintiffs pray that this Court make and
enter an Order directed to the Board of County Commissioners of
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Weld County, Colorado , commanding it to appear before this Court
within thirty (30) days after the issuance of said Order and
show cause, if any, why the Resolution of the said Board of
County Commissioners, dated September 14, 19b9, hereinbefore
described should not be reversed, set aside, declared null and
void, and held for naught, and
IT IS FURTHER PRAYED that said Order shall comand
the said Defendant board to certify to this Court, within thirty
(3U) days of the issuance of said Order, a full, complete and
accurate transcript and record of all exhibits , petitions or
applications for rezoning , letters and other evidentiary matters ,
including a full , complete and accurate transcript of the hear-
ings held by the said Board in respect to the resolution con-
sidering the aforedescriiied petitions or applications for re-
zoning , and any other materials presented before the said Board
upon which said board based its resolution, and
IT IS FURTHER PRAYED that upon the return of said
Order, and after review of the within matter as provided for
by law that this Court enter judgment reversing, setting aside
and holding; for naught the resolution of the Board of County
Commissioners of Weld County, Colorado, wherein said rezoning
from "Ah" "•iobile home District to "A" Agricultural District was
confirmed , for costs, and for such other and further relief as
to the Court appears just and proper in the premises.
Leorgte m. t.►raber
Attorney for Plaintiffs
$603 Yukon Street
Arvada, Colorado
424-3353 or 422-1766
Address of Plaintiff :
4963 harlan
Arvada, Colorado
-3-
VLRIFICATION
STATL OF COLORADO ]
) £5.
County of Jefferson ]
being first duly
sworn upon oath, deposes and says : That he is the owner of the
land above described; that he has read the above and foregoing
complaint, knows the contents thereof, and that the same are true
of his own knowledge and belief.
/41:-/ r'
O ,K,/:/
Subscribed and sworn t before me this day ofK
December, A. D. 1969.
Nofary Fub'ic.
My commission expires: April 25 , 1971.
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