HomeMy WebLinkAbout790496.tiff IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF WELD
STATE OF COLORADO
79-CV-431 ' � 1 •
THE BOARD OF COUNTY COMMISSIONERS ) AUG 0 7 1979
OF WELD COUNTY, COLORADO; THE )
TOWN OF FREDERICK, COLORADO; ) WELD COUNTY
THE CITY OF FT. LUPTON, COLORADO; ) ATTORNEY'S OFFICE
THE WEISNER SUBDIVISION PRESERVA- )
TION ASSOCIATION, )
Plaintiffs , ) MOTION TO DISMISS
AMENDED COMPLAINT
vs.. )
THE CITY OF NORTHGLENN, COLORADO, )
Defendant. )
COMES NOW the defendant City of Northglenn, Colorado, by and
through its special counsel, Musick, Williamson, Schwartz ,
Leavenworth & Cope, P.C. , and respectfully moves that the plaintiffs '
amended complaint in the above-referenced action be dismissed,
pursuant to C. R.C.P. 12 (b) (5) , for failure to state a claim upon
which relief can be granted.
As grounds for its motion, the City of Northglenn submits that
plaintiffs are not entitled to relief as a matter of law, upon the
facts alleged in plaintiffs ' amended complaint. More specifically,
there exists no principle of law by which the City of Northglenn
can be compelled to obtain a special use permit from Weld County
prior to the construction of Northglenn' s sewage treatment facility
on Northglenn' s site in an unincorporated area of southern Weld
County. In addition, the Colorado Solid Wastes Disposal Act, C.R.S.
1973, §30-20-102, does not require a certificate of designation for
the operation of a solid wastes disposal facility prior to the
construction of the Northglenn treatment facility, and, therefore,
the statute cannot provide a legal basis for enjoining the
construction of the Northglenn sewage treatment facility .
WHEREFORE, the City of Northglenn prays for an Order of this
Court dismissing with prejudice the plaintiffs ' amended complaint
herein.
Respectfully submitted this 2- day of August, 1979 .
PLoo 790496
•
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P .C.
•
By
John D. Musick, Jr. #341
Joseph A. Cope, #76
William T. Smith, Jr . , •190
Post Office Box 4579
Boulder, Colorado 80306
(303) 499-3990; (800) 332-2140
Special Counsel to the City of
Northglenn, Colorado
Address of defendant:
City of Northglenn
10701 Melody Drive, Suite 318
Northglenn, Colorado 80234
•
-2-
CERTIFICATE OF MAILING
I hereby certify that on this ti? — day of August, 1979 , a
true and correct copy of the foregoing Motion to Dismiss Amended
Complaint and Brief in Support thereof, was placed in the U.S .
mail, postage prepaid, to the following:
Lee D. Morrison, Esq.
Asst. Weld County Attorney
915 10th Street
Greeley, Colorado 80631
Francis K. Culkin, Esq.
720 South Colorado Blvd .
Denver, Colorado 80222
4_/ G/atiIs-a._)
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