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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND
STATE OF COLORADO
Civil Action No. '2, 1474 ‘22....
THE COLORADO STATE BOARD OF )
SOCIAL SERVICES, )
)
)
Plaintiff, )
}
)
-vs- )
) MOTION FOR
)GLENN K. BILLINGS, HARRY S. ASHLEY, ) TEMPORARY RESTRAINING ORDER
and MARSHALL ANDERSON, individually )
and as members of the WELD COUNTY )
BOARD OF COUNTY COMMISSIONERS and )
as the WELD COUNTY BOARD OF EUBLIC )
WELFARE, )
)
Defendants. )
)
COMES NOW the plaintiff, by and through the Attorney General,
and moves this Court for an order under Rule 65(b) of the Colorado Rules
of Civil Procedure restraining the above-named defendants from not com-
plying with the Order of the plaintiff Board of Social Services entered
by it on July 1, 1971, and as grounds shows this. Court:
1. That as shown by the verified Complaint, immediate and
irreparable injury, loss and damage will result to the State of Colorado
and the People of the State of Colorado and to all recipients of public
assistance residing in Weld County, Colorado, and in all counties of
Colorado, before the adverse party can be heard in opposition to this
motion for the reasons that unless the above Orders of the plaintiff
are enforced (a) the State of Colorado is subject to loss of federal
financial participation in an amount of about $140,000,000, which loss
could mean an increased tax burden on the citizens of Colorado, and
/ /SA
(b) all recipients of public assistance in Weld County would be subject
to termination of such assistance for failure of the defendants to
appropriate Weld County's share of the cost of such assistance.
2. No efforts have been made to give notice to defendants for
the reason that the lapse of time necessary for such notice and for
defendants to appear would preclude compliance by defendants in time
to allow the upcoming August, 1971 public assistance payment to recipi-
ents in Weld County.
DUKE W. DUNBAR
Attorney General
JOHN P. MOORE
Deputy Attorney General
By 62. 2tt4.4C__.1-06-&.‘,...e_
DOUGLAS D.
Special Ass tant Attorney General
104 State Capitol
Denver, Colorado 80203
892-2540
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
I, CON F. SHEA, being of lawful age and being first duly sworn,
upon oath depose and say: That I have read the foregoing MOTION FOR
TEMPORARY RESTRAINING ORDER and that the same is rue of my own knowl—
edge.
CON F. SHEA, Executive Director,
Colorado State Department of Social
Services
•
Subscribed and sworn to before me this 8th day of July, 1971.
Witness my hand and official seal.
My commission expires: September 12, 1973.
a 2/ 7
Notary Public
-2-
_
•
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND
STATE OF COLORADO
Civil Action No. 1 A 4 R Z
THE COLORADO STATE BOARD OF )
SOCIAL SERVICES, )
)
)
Plaintiff, )
)
-vs- )
)
) TEMPORARY RESTRAINING ORDER
GLENN K. BILLINGS, HARRY S. ASHLEY, )
and MARSHALL ANDERSON, individually )
and as members of the WELD COUNTY )
BOARD OF COUNTY COMMISSIONERS and )
as the WELD COUNTY BOARD OF PUBLIC )
WELFARE, )
).
)
Defendants. )
)
•
THIS MATTER comes before this Court on this
day of July, 1971, for a Temporary Restraining Order without written
or oral notice to the adverse party.
This Court finds:
1. That as shown by the verified Complaint, immediate and
irreparable injury, loss and damage will result to the State of Colorado
and the People of the State of Colorado and to all recipients of public
assistance residing in Weld County, Colorado, before the adverse party
can be heard in opposition to this motion for the reason that unless
the Order of plaintiff entered July 1, 1971, is enforced by this Court
the State of Colorado is subject to loss of substantial federal funds,
which loss would mean an increased tax burden on the citizens of Colorado
and all recipients of public assistance would be subject to termination
of such assistance for failure of the defendants to Weld County's share
5:5a
710505
of the cost of such assistance.
2. That good and sufficient reason exists under Rule 65b(2)
of Colorado Rules of Civil Procedure for not requiring notice be given.
THEREFORE, IT IS ORDERED:
That the defendants, individually and as the Board of Com-
missioners of Weld County, are hereby ordered and restrained from not
complying with the Order of the plaintiff Board of Social Services
entered by it on July 1, 1971, as follows:
1. That the Weld County Commissioners, Glenn K. Billings,
Harry S. Ashley and Marshall Anderson, individually and as members of
the Weld County Board of County Commissioners and as the Weld County
Board of Public Welfare, are hereby directed to make available suffi-
cient county funds for welfare purposes or take necessary steps to
issue county registered warrants, or otherwise provide funds, to pay
the county's share of the cost of welfare needs in Weld County in
accordance with 36-2-10(2) , C.R.S. 1963, until further order of this
Court.
. Dated: •
BY THE COURT:
Judge
REQUIREMENT OF APPEARANCE
WHEREAS, by virtue of the provisions of Article 1, 6,
9, and 10, Chapter 119 and Article 1, Chapter 101, Colorado Revised
Statutes' 1963, as amended, it is the duty of the Colorado State
Board of Social Services and the Colorado State Department of Social
Services to supervise administration of all public welfare programs
in the various counties of this State; and
WHEREAS, it is necessary to commence a certain legal
action in the District Court for Weld County entitled Board of Social
Services vs Weld County Board of County Commissioners; and
WHEREAS, all welfare recipients in Weld County may lose
their Welfare benefits due to the failure of the Weld County Commis-
sioners to make sufficient Welfare funds available; and
WHEREAS, it appears to me that the best interests of the
people of the State of Colorado require that the Attorney General
appear by and on behalf of said Department in nrAer to prnan* the
legitimate interests of the State of Colorado.
NOW, THEREFORE, under and pursuant to authority vested
in me by Chapter 3, Article 9, Section 1, of the Colorado Revised
Statutes 1963, as amended, I, John A. Love, Governor of the State
of Colorado, do hereby require you, the Attorney General of the
State of Colorado, to represent the Colorado State Department of
Social Services in connection with the aforesaid legal action and
to do any and all things necessary in the premises to defend and
protect the interests of our sovereign state and enforce its laws.
Done in Executive Chambers this 1_ 5 * day of July,
1971.
ea
JOHN A. LOVE
Go nor, State of'Colorado
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