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RESOLUTION
RE: AUTHORIZING THE COUNTY ATTORNEY TO DEFEND THE BOARD
OF WELD COUNTY COMMISSIONERS, ET AL, AS DEFENDANTS
IN THE CASE ENTITLED HOWARD A. MASSEY, ET AL, VS. THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE
OF COLORADO, ET AL, IN THE DISTRICT COURT IN AND FOR
THE COUNTY OF WELD AND STATE OF COLORADO, CIVIL ACTION
NO. 21642, DIVISION I.
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 of
Howard A. Massey, et al, vs. The Board of County Commissioners of
Weld County, Colorado, et al; 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 18th _ day of August, 1971.
BOARD OF COUNTY COMMISSIONERS
WELy COUNTY, COLORADO _
/91'97 /7/:97- v --- /
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c T 7:{eCE I g.' 61
IF
ATTEST:afritt -Count C k
eputy County Clerk
APPROVED-1)S TO F4RM:
County Atto ney
P7110°362499
OFFICE OF
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
*r-. As COMMISSIONERS
MARSHALL H. ANDERSON
HARRY S. ASHLEY PHONE (303) 353-2212
v Apr GLENN K. BILLINGS EXT.C 21. 22, AND 23
%O =- COURTHOUSE
COLORADO GREELEY, B0831
Received this 29th day of September 1971, the orginals of
all documents, evidences and transcript of testimony and proceedings
in the matter of:
Howard A. Massey, Keith N. Delventhal,
Shirley Louise Delventhal, James I. Massey,
Ronald K. Heitman, Kermit Dean Heitman,
Robert Laws, Evelyn M. Steward, Marvin Betts,
A. W. Delventhal, Esther Miller, Louis Hiller,
Norman Kramer, Edwin Zeschin, Walter Dittmer,
Ronald Kohlmeier, Victor Kramer, Clara Richie,
Arthur V. Beierle, Plaintiffs
vs.
The Board of County Commissioners of Weld County,
Colorado and Donald M. Dreyer. Civil Action 21642
Division 1
Clerk off the DiYstrict Court
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
CIVIL ACTION 21642 DIVISION I
HOWARD A. MASSEY, KEITH N. DELVENTHAL, )
SHIRLEY LOUISE DELVENTHAL, JAMES I. )
MASSEY, RONALD K. HEITMAN, KERMIT DEAN )
HEITMAN, ROBERT LAWS, EVELYN M. STEWARD )
MARVIN BETTS, A. W. DELVENTHAL, ESTHER )
MILLER, LDUIS HILLER, NORMAN KRAMER, )
EDWIN ZESCHIN, WALTER DIMMER, RONALD )
KOHLMEIER, VICTOR KRAMER, CLARA RICHIE, ) CERTIFICATION
ARTHUR V. VEIERLE, )
Planitiffs, ) 0 F
vs )
RECORD
THE BOARD OF COUNTY COMMISSIONERS OF )
THE COUNTY OF WELD, STATE OF COLORADO, )
AND DONALD M. DREYER, )
Defendants )
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
A. Planning Commission application for special use permit - dated
2/24/71 - Perm Sup #93:71:9 - Donald M. Dreyer - Copy.
B. Planning Commission Resolution of Recommendation - Case #Sup #93
dated 4/21/71 - Application of Donald M. Dreyer - Route 1 Box 177
Brighton - Planning Commission Recommendation - unfavorable.
C. Notice dated 5/5/71 -. setting hearing date as 6/14/71 ordered
published by County Commissioners.
D. Planning Commission's list of adjacent landowners.
E. Certification of mailing to adjacent landowners (13 certifications
with signed receipts.
F. Copy of legal notice as appeared in Greeley Booster on 5/7/71 and
6/4/71 respectively,
G. Affadavit of publication from Greeley Booster dated 6/4/71.
H. Petition dated 3/16/71 with 15 names of area landowners opposing
extension of feedlot - petition circulated by Ronald Heitman dated
3/16/71
'NN)
C.,
I. ProtestantsExhibit #1 with 12 names of opposing landowners - circulated
by M. Keith Delventhal dated 6/14/71
J. Letter from City of Brighton stating compatability of feedlot expansion
to existing area land use. Letter signed by Kenneth Mitchell, Mayor
City of Brighton and Mayo Hottman, Chairman of Brighton Planning
Commission dated 4/12/71.
K. Letter from Kitayama Brothers Wholesale Florists stating no objection
to feedlot expansion - dated 7/6/71.
L. Attendance Record - Board of County Commissioners - 2 pages - dated
6/14/71
M. Certification by Board of County Commissioners, Weld County, Colorado
dated 6/14/71 stating hearing held and taken under advisement.
N. Transcript of hearing from tape recorder.
0. Resolution dated 7/14/71 and certification of mailing of the
decision granting the Land Use Permit as requested by Donald Dreyer.
P. Civil Action 21642 in the District Court in and cor the County of
Weld - Howard A Massey, Keith N. Delventhal, Shirely Louise Delventhal,
James I. Massey, Ronald K. Heitman, Kermit Dean Heitman, Robert Laws,
Evelyn M. Steward, Marvin Betts, A. W. Delventhal, Esther Miller, Louis
Hiller, Norman Kramer, Edwin Zeschin, Walter Dittmer, Ronald Kohlmeier,
Victor Kramer, Clara Richie, Arthur Beierle, Plaintiffs,
vs.
The Board of County Commissioners of The County of Weld, State of
Colorado, and Donald M. Dreyer. Defendants
Q. Certification of Record.
R. Signed receipt by District Court for Original File
IN WITNESS WHEREOF, we have: hereunto set our hand and affixed the seal
of said County, at Greeley, Colorado, this 22nd day of September, A. D. 1971.
THE BOARD OF COUNTY COMMISSIONERS
WELA COUNTY, COLORADO
�J/`
71 j ,
^f K „tf /I t7a,eiel
ATTEST: C / )yC?lCl/,1L-e 4
COUNTY CLER A�RDER -/
AND CLERK TO THE BOARD
BY ?c ,-C- ,' / .‘:'l___
Deputy County Clerk
'it)
L .
IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF WELD
STATE OF COLORADO
Civil Action No. ,3j(otL Division
HOWARD A. MASSEY, KEITH N. DELVENTHAL, )
SHIRLEY LOUISE DELVENTHAL, JAMES I . )
MASSEY, RONALD K. HEITMAN, KERMIT DEAN )
HEITMAN, ROBERT LAWS , EVELYN M. STEWARD,)
MARVIN BETTS, A.W. DELVENTHAL, ESTHER )
MILLER, LOUIS HILLER, NORMAN KRAMER, )
EDWIN ZESCHIN, WALTER DITTMER, RONALD )
KOHLMEIER, VICTOR KRAMER, CLARA RICHIE, )
ARTHUR V. BEIERLE, )
Plaintiffs , )
vs . ) CITATION
THE BOARD OF COUNTY COMMISSIONERS OF )
THE COUNTY OF WELD, STATE OF COLORADO, )
and DONALD M. DREYER, )
Defendants. )
THE PEOPLE OF THE STATE OF COLORADO:
TO: The Defendant, Board of County Commissioners of the County
of Weld, GREETINGS:
WHEREAS , a certain cause in this Court is now pending in
the within action , and a certain Order and Citation was entered
of record on the /7 day of August, A.D. , 1971, that the
Defendant, Board of County Commissioners of the County of Weld,
show why the prayer of the Complaint should not be granted and
that the said Defendant certify to this Court on or before 4/5
days from the service of this Citation a full transcript of the
records , applications , motions , evidence , testimony, exhibits,
zoning resolutions or regulations and proceedings relative to the
application of the Defendant Donald M. Dreyer , to said Defendant
Board of County Commissioners , for a Land Use Permit as described
in the Complaint on file herein.
tsYATE ADO
COUNTY OtF WELD ai.
fled .;th the Clerk of the Board
of County CommisUone-s
AUG 1 7 1971
5'141'
f� t
COUNTY CLICK AND•LCO'OVA
By -re y,
'SC` YI
YOU ARE THEREFORE ORDEREED to show cause why the relief
requested in said Complaint should not be granted and allowed ,
YOU ARE THEREFORE ORDERED to certify to this Court on
or before <L days from the service of this CibaLi.un a full
transcript of the records , applications , motions , evidence, testimony,
exhibits , zoning resolutions or regulations and proceedings relative
to the application of the Defendant, Donald M. Dreyer , to said
Defendant, Board of County Commissioners of the County of Weld ,
for a Land Use Permit, which you have custody or control relating
to the application of the Defendant, Donald M. Dreyer, submitted
to or held before each or any of the members of the Defendant , Board
of County Commissioners of the County of Weld.
WITNESS , the Clerk of our said Court and the seal thereof
hereto affixed, at Greeley, County and State aforesaid, this /7 71:4
day of August, A.D. , 1971.
Clerk of the District Court ,
i
/ ' "jBy:
•
. 2 .
C?
:No.195CA. SUMMONS IN CIVIL ArTION.Bradford Publishing Co.,1824-46 Stout Street,Dens..,Colorado-6-69
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Ir '':1 Court Filing Stamp{
+t IN TI3EDIS''RIC' COURT
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"' IN AND FOR
h WELD
0 COUNTY OF
! ! 0AND STATE OF COLORADO
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Civil Action No" ' Div
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HOWARD A. ':MASSEY, KEITU N. DELVE ITHAL,
SHIRLEY LOUISE DLLVI NTBAL, JAMES I .
MASSEY, RONALD K. HEITMA 1, KER1I i' DEAN
IIEITMAN, ROBERT LAWS, EVELYN 1•i. , EWARD,
MARVIN BETTS, A.W. DELVEIITIRL, 1'. .TISI:,R
MILLER, LOUIS HILLER, NORMAN KR'i 1:it,
EDWIN ZESCHIN, nALTLR DITTMF:R, RONALD
KOHL..WIER, VICTOR KRAMER, CLAFtA dICHIEsuptimoNs
ARTHUR V. BEIERLII.,
„nt=,•;r:plarn•nnq U:Onu;c O, 'P� Plaintiff ffi
I 11w-,4L2.bnplrc
IFS.
( ,r, alpf :m..) )
-TIHL BOARD OF COUNTY. COMMISSIONER ; OF
THE COUPp`IiY'l'OY' WE1,1/; STATE OF COL LADO,
and 9;97,1'c(rorl niiL:).A4.Xi'XdtNr '<',tc ilyd lltic._ .. . --q:tt. oi. _._ ' 10
Defendar -s..
TIIE PEOPLE OF TILE STATE OF COLORADO
-TO THE ABOVE NAMED DEFENDANTS , GREETING:
You are hereby summoned and required to file with the clerk an answer to the complaint within
20 days 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, or if a copy of the
complaint be not served upon you with this summons, you are required to file your answer to the com-
plaint within 30 days after service of this summons upon you.
. ',,./,,Tj Wit ir.el ti9M7,1on,,p/.a
I Iiu'1 ut(!aol j✓ 0t,GI. 1pv JC; o} (. 16G-it .I_: :r 1JO4' :r NII/t.. .l0 ,I I,.-::1( t,urr. ;Mg :1,:'I IHl!0.,. WI?, rinl2
as more fully described in the attacIte`t 'to>slilui14t.
Comdr- C{ .
?.1,`ilE n,',
J /
Dated 1/1 /!1// /2? ,1W
J ALLEU P. MI CI-9EM
741.1 /%7V(.1 - -N.
- - - Clerk of said Court- i IV ' IC,;, Attorney for Plaintiff,s
.
1140 Security Life uualcssag
i i,„ i.cp'A hid.,i.l {). 4 ” I V t ' 'Irt,S. r t.l.,,rr ur,, ,' , ari,,,,>7wiztymw 1 CO1OY4t1,9- . 80202 266^2491
By
Deputy Clerk Address of AttortiQ'
'I a OYOJIY egY xxael9.UMO$
,! - - COUNTY OF WELD
_s. List z i 911V'(Seal of Conrt) flied with the Clerk of the Board I I
at County Commiylnners I f wauolaaluWWuoa ,Hullo', .
emeriti oi "IV"4µ1a PliN!
*This summons is pursuant"action"
to-Rule 4 of the Colorado Rules of f b Ptoceduro 9i 1F.TAau .,h2 9 mote r steed w bola:&k 40 yN003
the complaint, after the word "action" state the relief demanded. 9f b4dY execution 1d iokght tFh' ulnmpne m„I(�t {fate a is enlJalJV�
(minded upon toff.' I .CK.4l ti17I I _ GOYLKtIn'] all �IYLS
r c4o,ere MIRK AND xecnsOl, t f.':4
"$y cc'a- Deputy Ye
/ _Sl, Art
IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF WELD
STATE OF COLORADO
Civil Action . I � ( C�2 Division
HOWARD A. MASSEY, KEITH N. DELVENTHAL, )
SHIRLEY LOUISE DELVENTHAL, JAMES I . )
MASSEY, RONALD K. HEITMAN, KERMIT DEAN )
HEITMAN, ROBERT LAWS , EVELYN M. STEWARD, )
MARVIN BETTS, A.W. DELVENTHAL, ESTHER )
MILLER, LOUIS HILLER, NORMAN KRAMER, )
EDWIN ZESCHIN, WALTER DITTMER, RONALD )
KOHLMEIER, VICTOR KRAMER, CLARA RICHIE, )
ARTHUR V. BEIERLE, )
)
Plaintiffs, )
vs . ) COMPLAINT
THE BOARD OF COUNTY COMMISSIONERS OF )
THE COUNTY OF WELD, STATE OF COLORADO, )
and DONALD M. DREYER, )
)
Defendants . )
For their complaint against the Defendants, the Plaintiffs
say:
FIRST CLAIM FOR RELIEF
1. The Plaintiffs are now, and have been at all times
pertinent to this complaint, either owners of or residents living
upon real property situated in Weld County, Colorado , which real
property is within the immediate vicinity of the property des-
cribed in the next succeeding paragraph.
2 . On or about February 24 , 1971 , Defendant, Donald M.
Dreyer , filed with the Defendant, Board of County Commissioners ,
an application for approval , as a commercial cattle feeding lot,
•
65
of the use of the following described real property in Weld County,
State of Colorado :
The West 400 ' of the South 1, 600 ' of the South-
east 1/4 , and the East 400 ' of the South 1 ,600 '
of the Southwest 1/4 , all in Section 28 , T 1 N,
R 66 W of the 6th P.M. , containing 29 .4 acres
more or less.
3. Thereafter, following studies and hearings upon such
application, on or about April 21, 1971, the Weld County Planning
Commission adopted a resolution to the affect that said application
be recommended unfavorably to the Board of County Commissioners by
said Planning Commission.
4 . A notice of a public hearing to be held upon said
application on June 14 , 1971 in the office of the Board of County
Commissioners of Weld County was thereafter published and copies
thereof were mailed to certain of the Plaintiffs herein.
5 . At a meeting of the Board of County Commissioners
of Weld County, Colorado on July 7 , 1971, with one of the Defendant
members of the Board of County Commissioners of Weld County ab-
staining, said Board purported to adopt a motion to approve the
land use permit for the Defendant Donald M. Dreyer. At a subse-
quent meeting of said Board of County Commissioners, held on July 14 ,
1971, said Board of County Commissioners purported to approve a
resolution, a copy of which is attached hereto as Exhibit "A" .
6 . Said purported actions of the Defendant Board of
County Commissioners on July 7 , 1971 and July 14 , 1971 were arbitrary
and capricious actions upon the part of said Defendant and are there-
fore illegal, void and of no affect whatsoever for the following
reasons:: a. The application of the Defendant Donald M. Dreyer,
referred to in paragraph 2 above, was erroneously and improperly
2 .
64
treated as an application for an expansion of an existing feed
lot, whereas in truth and in fact said application sought approval
of the location and use of a new and additional commercial cattle
feeding lot upon the real property described in Paragraph 2 above,
which location is in a different section and which is approximately
one-half mile East of the nearest edge of any existing cattle
feeding lot owned , leased, or operated by the Defendant Donald M.
Dreyer. Said erroneous treatment of the purpose of said applica-
tion appears not only on the face of the notice referred to in
Paragraph 4 above, but it also appears in exhibits presented to
the hearing before the Defendant Board of County Commissioners , and
the terms "expand" , "expansion" , or "expansion of an existing cattle
feed lot operation" appear no less than eight times in the resolu-
tion adopted by the Defendant Board of County Commissioners which
resolution is attached hereto as Exhibit "A" .
b. Said purported actions were in complete disregard
of the undisputed evidence presented in opposition to said applica-
tion to the effect that the character and uses of adjacent lands
have been changing in recent years , that the granting of said ap-
plication would have a substantial and harmful environmental impact
upon adjacent lands owned by the Plaintiffs and others , that it
would deprive the Plaintiffs of the opportunity of using their lands
Tor purposes now permitted under the existing zoning ordinances of
Weld County, that such approval would result in devaluating the
properties of the Plaintiffs to such an extent as to deprive them
of their property without just compensation, and that such actions
were clearly and unequivocally contrary to the expressed wished
and desires of the Plaintiffs and other surrounding neighbors .
c. Said purported actions were discriminatory and
violated the equal protection of the laws to which the Plaintiffs.
3 .
63
were entitled in that said decision of the Defendant Board of
County Commissioners was based at least in part upon a prior
commitment of said Defendant Board of County Commissioners (or
one or more of the members thereof) to accomplish purposes foreign
and extraneous to considerations properly relating to the use of
said land and to the location of a commercial cattle feeding lot,
to-wit: Said decision arose from either an express or implied
agreement between one or more members of the Board of County Com-
missioners of the County of Weld and the Defendant Donald M.
Dreyer under which said County was permitted to remove and utilize
a large quantity of soil from said -Defendant Dreyer ' s land in such
manner that the resulting excavated area would be suitable for use
as a "pit" or "trench" silo , with the soil so removed to be used
by the said County for the purpose of improving and raising the
elevation of a county roadway.
d. Said purported actions were likewise invalid
and of no force and effect for the season that one of the two
County Commissioners who voted in favor of said actions , to-wit:
Marshall H . Anderson, was and should have been disqualified from
voting thereupon because of his close personal relationships and
associations with the Defendant Donald M. Dreyer.
7 . Said purported actions of the Defendant, Board of
County Commissioners , constituted an abuse of discretion, and the
Plaintiffs have no plain, speedy or adequate remedy.
WHEREFORE, Plaintiffs pray that this Court (a) order the
Defendant Board of County Commissioners, to certify to this Court
at a specified time and place a transcript of the record and pro-
ceedings before said Board upon the application referred to in
Paragraph 2 above so that the same may be reviewed; (b) direct the
4 .
issuance of a citation to the Defendant Board of County Commissioners
to show cause why the relief herein prayed for should not be allowed;
and (c) enter a declaratory judgment to the effect that the actions
of the Defendant Board of County Commissioners , as described in
Paragraph 5 above , are void and of no force and effect.
SECOND CLAIM FOR RELIEF
8 . Plaintiffs incorporate herein all allegations con-
tained in Paragraphs 1 through 7 of their first claim for relief .
9 . In reliance upon said actions of the Defendant,
Board of County Commissioners , the Defendant Donald M. Dreyer , has
commenced , ar is about to commence the establishment upon, and
use of the property above described in Paragraph 2 , as a commercial
cattle feeding lot, arid unless enjoined by this Court, said Defen-
dant will continue his efforts toward the establishment and use of
' said property for such purposes .
10 . By reason of the proposed maintenance and operation
of said commerical feed lot there will inevitably be noxious and
offensive odors , dust, pollution and corruption of the air in and
about Plaintiffs ' premises so as to render the dwelling houses of
Plaintiffs unhealthy and unfit for occupation; that the operation
of the said commerical feed lot by said Defendant will greatly im-
pair the comfort and health of Plaintiffs and the citizens of Weld
County generally; and it will inevitably affect adversely the value,
saleability and future development of the properties of the Plain-
tiffs .
11. Unless enjoined by order of this Court, said Defendant
will gather and keep a large number of cattle in close proximity
to the Plaintiffs ' residences ; that while said cattle are kept near
said premises of the Plaintiffs, said cattle will inevitably and
naturally make loud, offensive and continuous noises and sounds .
5 .
6p
M_
12 . That by reason of the foregoing , the peace, quiet,
health and comfort of Plaintiffs herein will be interfered with,
and they will be deprived of the comfort, enjoyment, prospective
uses and value of their respective properties .
13 . That Plaintiffs have, prior to the institution of
this suit, requested Defendant, Donald M. Dreyer , to abandon his
plans to establish said commercial feed lot, but said Defendant
has failed and refused to do so.
14 . That unless enjoined and restrained as hereinafter
prayed the said Defendant will establish, maintain and conduct the
• said commercial feed lot to the great injury and damage to the
health, property, welfare and well being of Plaintiffs for which
there is no adequate remedy at law.
2 WHEREFORE, Plaintiffs pray judgment that the Defendant,
Donald M. Dreyer, may be temporarily and permanently enjoined from
establishing said commercial feed lot upon the property herein-
above described, and for such other and further relief as to this
Court may seem equitable .
ALLEN P. MITCHEM
Attorney for Plaintiffs
1140 Security Life Building
Denver, Colorado 80202 266-2491
A F F A D A V l7-2
State of Colorado
ss.
City and County of Denver)
i(EITH N. DELVENTHAL, being first duly sworn , deposes and
says that he has read the foregoing complaint and that the facts
set forth therein are true and correct to the best of his knowledge
and belief . t
K TH N. .DELV3NTHAL
Subscribed and sworn to before me this / i . day of
August, 1971 .
Y> >l C(((-(Lc I)LC ),L��L�
My Commission Expires : Notary Public
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