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RESOLUTION
RE: AUTHORIZING THE COUNTY ATTORNEY TO DEFEND THE
BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,
COLORADO, AS DEFENDANTS IN THE CASE ENTITLED
H. GORDON HOWARD VS. THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD, IN THE
UNITED STATES DISTRICT COURT, DENVER, COLORADO,
CIVIL ACTION NO. C-5518.
BE IT RESOLVED, that the Board of County Commissioners, Weld
County, Colorado, authorizes the County Attorney to defend the Board
of County Commissioners, Weld County, Colorado, in the case entitled
H. Gordon Howard, Plaintiff, vs. The Board of County Commissioners,
Weld County, Colorado, Defendant, being case No. C-5518 in the United
States District Court; also, to employ co-counsel and 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 this 9th day of January , A.D. ,
1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
o--€) -472e„."_,A.
ATTEST:2at
Weld County Clerk and Recorder
and Clerk to the Board
By [dIGr,A/I,e, yy�
Deputy C o/
rbunty Clerk
APP AS TO ORCF M:
1::" � L
' County Attorney
740618
CI R. . (2-64)
491
SUMMONS IN A CIVIL ACTION
(Formerly D.C.Form No.45n Rev. ((2-61)
Unite? *fates t, trtrt (lonrt
WELD CO. CA" ;;;,,NLRS
cQ_eL " FOR THE
REC ' tV D
f)E C 2 7 1973 �`'� G�f1
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A CIVIL ACTION FILE NO.
Plaintiff SUMMONS
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Defendant
To the above named Defendant
You are hereby summoned and required to serve upon ,/arverti.,
71644t°#VCIC
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whose address 4.-4...4 �,q7O 2 -����-lr�-w►4ol-e a
G ) ?c ").-7ro
am FILE WITH THE CLERK OF THI
an answer to the complaint which is herewith served upon you, within/.J 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.
JAMES R. MANSPEAKER
Clerk of Court.
Se} A_ ,
D uty Clerk.
Date: NOV 12 1973 [Seal of Court]
NOTE:—This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure.
RETURN ON SERVICE OF WRIT
I hereby certify and return, that on the day of 19 ,
I received this summons and served it together with the complaint herein as-follows:
Travel $ - - r, United States Marshal.
Service ____ By
.., Deputy United States Marshal.
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ce'rlbcc n s or(n to J� S V .) l this
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Note:Affidavit°ijipired o y 1 rvice is.4n it:ade b . rson ,er than ii Tnite States Marshal or his Deputy.
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DENVER,COtORAcO OLRT
NOV z21973
JAMES
IN THE DISTRICT COURT Ov TAT', TIN7'"''D STNTM ,.: MANSP KER
ARK
IN AND 'OR Tom: DISTRICT Cl? COT,OP tX!
CIVIL ACT .ON NC - 55 1$
H. GORDON HOYA_'D , )
PLAINTIFF, COMPLAINT (.G N A
IN x'idJPI«; FEDERAL UESTION
VS. UNDBR TITLE
THE BOAL1) OF COUNTY COMMIS 'IONYRS ) U. S. C . A.
OF N. COUNTY OF WELD, ))
D.E��FE41DANT. )
Sectsnn 1331
U0i4E1; NOW the Plaintiff, above—named,
In Propia Persona, and complains , lLetwa, to wit :
1. That the within action arise arisem under Title
28 U. S.C . A. , Secttrn 1331.
2. The Board of county Commissic:ners of Weld
CGunty is z body corporate and politic , handling
the administrative business of ':Meld County,Colorado
under authority of the Colorado State Con,itution.
3. The Plaintiff is the owner of a mobile home
park :end rata -naily accredited campgmlnd and abobt
122 acres , situated on t"e approximate East 3/4 of
the Ni! 1/4 of section 17, Township 7, North Range
67, West of the 6th P. M. , in Weld County, Colorado,
bordering Colorado paved highway r,uc.ner. ci 14 on
the South side thereof , and knnwn nn
the Pine Lake Trailer Resort and Ca.mperound, and
licensed and regulated by the State of Color=;do
e ince about 1960.
4. On the 23rd day of November 1966, the
Board of County Commissioners of geld County,
Colorado, enacted a County Zoning' Ordinance which is,
Ind was, *unnumbered" , and without any "title" , which
was to become effective immediately, and which was
filed with the County Recorder's Office of Weld
County under reception number 14974')9 en nove :ber
28, 1966 at 2:22 O'clock P. M. in the =yfternoon
Page 2.
of said day, and said instrument qtai; ottestuC by i,u Flack,
Deputy County Clerk, end wee fiie1 be nn Feeomer,
who is County Clerk Rnd Recorder of meld County.
The said zoning ors inence , which is den- einated
as "Resolution concerning the zoning of Weld County,
original
Co1or! do" is attached to this said/complaint as
Plaintiff's Exhibit # 1, and is incorporated herewith
and herein by reference thereto, and is thereby made
a part hereof.
5. That the said defer,dand herein did provide
in substance by setd zoninP ordinace that all the lands
in Weld County, Coloreds, wherever situated , that are
not in incorporated areas elready , would be Boned as
Zone A for agricultural nurposee . Thet said zoning
ordinance is unreasonable , arbi tr'ry, i1 l eaal,
confiscatory of the rir ht to own, develop, use , and
buy or, sell, or lease property in an open agricultural
zone outside the corporate limits of any city or town,
and is therefore an unconstitutional deprivation of
Plantiff' s rights under the 14th Amendment to the
United States Constitution; and said blanket zoning
ordinace bears no substantial relation to the public
health, safety, morals , or general welfare of the
inhabitants in the ring rural sections of Weld County
under the fictional 'police rower' 01' t;LL as.id County
as an administrative subdivl ei en o' the ft le of
Color ; do; and hence said or ii nence is n derri.vetion
of Plaintiff' s rights ,end privileges, ar i ivcunit ies
u' der the said 14th Amendment to the de- al Constituion.
6. That the Board of County Commise onera of
'geld County has only that power and authority that
is vented in it by the Colorado Stete Cenatitution.
That the said state constitution does not grant to
the said defendant any powers for zoning of land
Yage 3.
within Weld County. Nor does the Constitution of
Colorado grant to the State Legialature any D over
or authority to delegate its inherit power of
zoning within the State to the said defendant ; nor
can a State Begislature delegate to a County any
of its zoning powers, which are exclusively invested
in the said. ` tste $egisleture. Therefore, the
attempted zoning by the County of Weld Commissioners
is illegal, beyond their powers, authority end
jurisdiction, end is unconstitutional.
7. 'lhait Onr the said uncenetttut;iuual zoning
ordinace constitutes 3 continuoee interference with,
and nuisance to, and conflict with, nieleitiff 1Taward'a
property rights, and personal rights, in such a manner
as to deny and deprive the Plaintiff of Lilo protection
of the due process of law , and the equal protection
of the laws clauses of the 14th amendment to the
United. States Constitution.
8. The enforcement of the seid zoning ordinance
would not , and does not , benefit the, heeltb, safety,
convenience, morals, or general welfare of the
territory in which i'l eintiff' s busines , and real
estate are located, and triert.ore said aonin ordinance
has no relation or hearing on the en-ce ?eye' police
powers of the said defendant . ''het in nereecuence
thereof the said zoning ordinance is in irreparable
conflict with the 14th Amendment to the Federal
C enatitutian, 'ind a federal question is thereby
raised ubder Title 28 , U.S .C.A. , Section 1331.
9. That said ordinance is 1 , continuous
interference and derogation of plaintiff' s constitutional
rights, as stated herein supra; and constitutes
an irreprable and irremedial Injury to the Plaintiff's
property,and business, and personal liberties and
privileges,
Page 4,
and therefore this .Plaintiff Howard should be
entitled to a permanent injunction againat the
defendant and in the plaintiff's favor to protect
the ric:hts, privileges, and immunities o the
sail Plaintiff, as a united States Citizen,
under the said 14th Amendment to the F`eleral
Constitution.
10. That the Plaintiff Poward has never
bad his day in court on the is:3ues and merits
of his case by trial, and thuraiore under the
14th Amendment to the U. S.Constitnti.nn, the
Plaintiff is entitled to a ti~iel on evidence,
and factual issues,as a citizen of the United
States of America. That said Plaintiff is a
natural torn citizen of the U.S. , whose ancestors
came to the shores of the U.S . many years before
there was a United States , or a United States
Constttwttbme
11. That the defendant is enntinually
harrasaing, inter! edlinw with, and doing everything
within the said defendant' s power to restrict,
inhibit , and prevent the said .plaintiff from
operating, improving, repairing, extending,
or carrying on his business on %art him maid
real property. That the defendant is continually
threatening the Plaintiff with fines , imprisonment,
stoppage of business activities, and general
destruction of Plaintiff's constitutionally
protected property rights, if the Plaintiff does
not give up his constitutional rights and submit
to the arbitrary and unreasonable whim, caprice,
and desire, and authority of said defendant.
12. That the said Plaintiff' s Constitutionally
protected propery rights, as afore—de:acrxbed herein,
became vested back in about 1958 on the whnle
'Dame 5.
property described supra in paragraph 3 of this
said compl-.int . That in about 1960, the plaintiff
Howard took a surveyor' s theodolite and transit
-;nd laid out between 600 and 700 mobile home spaces,
and staked them for roads, width and bAdth; and
then laid out approximately 140 campsites for
campers during four eon';hs of the year. That
the Plaintiff has invested over. X370,000.00 in
value in his business , and his said spaces are
all permanent and vested, and Nave been such
since about 1960.
13. That the Plaintiff Ti ward menv years
"Wore the attempted enactment or the said
unconstitutional zoning or41nace , ex passed by
the defendant, filed and recorded an affidavit
in Weld County' s clerk and recorder' s office
declaring' his intention to lay out around 88
mobile home permanent spaces, and after that
he did his surveying and staking out of the
lots mentioned in paragraph 12, supra.
14. That through the unlawful activities
and interferences, and threats of defendant ,
aforementioned
as A000000004 00#,( the Plaintiff' s *�nsi mane $11e
been restricted, and suppressed, proximately
causi.nr the Plaintiff Howard over $900,000.00
actual damages through the plaintiff's inability
to develop his property in accordance with his
veted property rights under his Colorado State
mobile home and trailer court lieenees.
WHEREFORE, This plaintiff, as a United
States Citizen, respectfully prays that the
Court herein will either declare said zoning
ordinance to be illegal and unconstituiunal,
or will on the other hand, isbue and decree an
injunction of permanent nature prohibiting and
t'n6e t).
iuhitibitimg the employees, lqnnts, ^nn++te ^omrinsioners,
and officials of Weld County from further interfering
with,and depriving the Platntiff,of his Constitutional
vested rights and privileges, and immunities, with
resrect to his said real estate and its improvements
The Plaintiff further prays this honorable
Court to decree and order a judgment entered against
the defendant , and the County of !field, state of
Colorado, in the sum of s9OO,0OO.00 !ctual damages
for the irreparable and irremelial injury already
committed upon the Plaintiff, as a U .b.QitiZen.
Very Tespee:s f:.. 1. i '
Plaintiff, , Pro Se,
In rropia , eraena,
Address of Fit • 2470 south Ivanhoe Place,
jolly Allis,
De aver,Co la r ao,
80222
Phone No. 756-0130
L jury trial is demanded on the issues of
fact.
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