HomeMy WebLinkAbout790505.tiff• IN THE DISTRICT COURT
IN AND FOR THi COUNTY OF WELD
STATE OF COLORADO
79-CV-431 a {I,�
THE BOARD OF COUNTY COMMISSIONERS ) J�`
OF WELD COUNTY, COLORADO; THE ) L 0 919T9 j
TOWN OF FREDERICK, COLORADO; )
THE CITY OF FT . LUPTON, COLORADO; ) ATT.- .
THE WEISNER SUBDIVISION PRESERVA- ) V^;Ty
TION ASSOCIATION, ) "1r
Plaintiffs , ) DEFENDANT ' S MOTION TO DISMISS
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 ' complaint
in the above-referenced action be dismissed for its failure to state
a claim upon which relief can be granted , pursuant to C . R.C .P . 12 (b) ( 5) .
As grounds for said motion, the City of Northglenn would submit
that it is entitled, as a matter of law and upon the facts alleged by
the plaintiffs, to proceed forthwith upon the construction of a
municipal utility facility on a site owned by it and located within
the unincorporated territory of Weld County , notwithstanding Weld
County ' s objections or the refusal of its Board of County Commissioners
to issue Northglenn a special use permit for the facility ' s construction,
as more fully set forth in the accompanying brief in support of this
motion.
WHEREFORE, the City of Northglenn prays for an Order of this
Court dismissing with prejudice the plaintiffs ' complaint herein .
Respectfully submitted ,
MUSICK, WILLIAMSON , SCHWARTZ ,
LEAVENWORTH & COPE, P .C.
/ iqt --/
By �, 6L L"�� � ttt
Alan ,h. Schwartz , t679,9
Address of defendant : John D. Musick, Jr . , 041
Joseph A. Cope, #7635'
City of Northglenn Special Counsel to the City of
10701 Melody Drive, Suite 318 Northglenn, Colorado
Northglenn, Colorado 80234 Post Office Box 4579
f Boulder , Colorado 80306
Si
(303 ) 499-3990 ; (800) 332-214O
Dated this ' day of July, 1979 .
790505
9i0079
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