HomeMy WebLinkAbout780445.tiff :t (cc c Vra, -J ,z^s /ry /, C /' �'. /I1
I SU01001., .
II 187--ReetsedV la ipt pc' /
Aeril'1 l aiJrt4y.
.. Civil Action- el J / / /
IN THE DISTRICT COURT.
STATE OF COLORADO,
rss. DIV
County of . WELD
CIVIL ACTION No.
LARRY WIKHOLM, KENT JACKSON,
DONNA JACKSON, and JANICE
McDONALD, as representatives for
all members of H.O P:E. , an
unincorporated association,
PLAINTIFF§__.
Vs.
THE BOARD OF COUNTY COMMISSIONERS
BTCPAVIN -OC- MPAN, SUMMONS
BESTWAY PAVING COMPANY, a Colorado U
corporation, and
GILSABIND CONVIDAR, a Colorado
corporation,
DEFENDANT
THE PEOPLE OF THE STATE OF COLORADO,
TO THE DEFENDANT ABOVE NAMED-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 he 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 com-
plaint be not served upon you with this summons, you are required to file your answer to the complaint
within 30 days after service of this summons upon you.
This is an action'
as set forth in the attached Amended Complaint.
/
Dated May 24 , , 19(8_
Mary...M.___Connell
CLERK OF SAID COURT. / // G / ATTORNEY FOR PLAINT IFF.
.J ,!t. Dominguez , Jr. (#2803)
By . . 1220 11th Ave. n
DEPUTY CLERK. Greeley, CO / 8 ri6313Ess OF ATTORNEY.
(SEAL OF COURT)
Note: — This summons is issued pursuant to Rule 4, Colorado
Rules Civil Procedure as amended.
Warning: If this summons does not contain the docket number of the civil action,then the complaint may
not now be on file with the clerk of the court. The complaint must be filed within ten days after the summons is
served, or the COURT WILL BE WITHOUT JURISDIU11ON TO PROCEED FURTHER
AND THE ACTION WILL BE DEEMED DISMISSED WITHOUT PREJUDICE AND
WITHOUT FURTHER NOTICE. Information from the court concerning this civil action may not be
available until ten days after the summons is served.
Note: — This summons is issued pursuant to Rule 4, Colorado Rules Civil Procedure as amended. 780445
'11 the summons is published or served without a copy of the complaint, after the word "action" state the relief demanded.
If body execution is sought the summons must state "founded upon tort" ---- �-5.2 �y., L-0��
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. 29868
LARRY WIKHOLM, KENT JACKSON, )
DONNA JACKSON, AND JANICE )
McDONALD, as representatives for )
all members of H.O.P.E. , an )
unincorporated association, )
Plaintiffs , )
vs. )
AMENDED COMPLAINT
THE BOARD OF COUNTY COMMISSIONERS )
OF THE COUNTY OF WELD, )
BESTWAY PAVING COMPANY, a Colorado )
corporation, and GILSABIND CONVIDAR, )
a Colorado corporation, )
Defendants . )
COME NOW, the Plaintiffs , by and through their
attorney, A.M. Dominguez, Jr. , and set forth and allege as
follows:
1 . That the Plaintiffs appear in this action on
their own behalf and as representatives of H.O.P.E. , an unin-
corporated association, and the Plaintiffs are representative
parties that will fairly and adequately protect the interests
of the association and its members as required by Colorado
Rules of Civil Procedure , Rule 23 . 2 .
2 . That this Complaint is filed for a Writ of
Certiorari and an Order for Stay of Proceedings as allowed by
Colorado Rules of Civil Procedure , Rule 106 (a) (4) .
3 . That on April 5 , 1978 , a public hearing was held
for the purpose of hearing a Petition of Defendants, Bestway
Paving Company and Gilsabind Convidar . Said hearing was
conducted before the Defendants , The Board of County Commissioners
of the County of Weld, for the purpose of a request for a
change of zone from "E" Estate District to "A" Agricultural
District for the following described parcel of land, to wit :
A tract of land located in the Northeast Quarter (NE} ) of
Section 2, Township 5 North, Range 66 West of the Sixth
Principal Meridian, Weld County, Colorado, and being
further described as follows:
Camencing at the Center Quarter Corner (Cen o Cor) of said
Section 2 and considering the South Line of the Northeast
Quarter (NE4) of said Section 2 to bear South 89°55'53"
East, with all bearings here-in being relative thereto:
Thence South 89°55'53" East, along the South Line of the
Northeast Quarter (NEy) of said Section 2, a distance of
1242.80 feet to the True Point of Beginning, said Point
being the Southeast Corner (SE Cor) of Johnson Subdivision,
as platted and recorded in the records of Weld County,
Colorado;
Thence along the Easterly boundary line of said Johnson
Subdivision by the following two (2) bearings and distances:
North 13°44'30" West, 1300.19 feet;
North 09°12'16" East, 105.61 feet; to a point on the North
Line of the South Half (S4) of the Northeast Quarter (NE' )
Section 2;
Thence South 88055'17" East, along the North Line of the
South Half (S1/2) of the Northeast Quarter (NE} ) Section 2,
a distance of 2054.69 feet;
Thence South 06°10'17" West, along the East line of the
Northeast Quarter (NE4) of said Section 2, a distance of
678.88 feet; Thence North 89°55'53" West, along the North
Line of an 11.540 acre tract of land, 766.69 feet;
Thence South 06°10'17" West, along the West line of said
11.540 acre tract of land, 659.36 feet to the South Line
of the Northeast Quarter (NE} ) of said Section 2;
Thence North 89°55'53" West, along the South Line of the
Northeast Quarter (NE4) of said Section 2, a distance of
851.81 feet to the True Point of Beginning. Said tract
of land contains 45.91 acres and is subject to any rights-
of-way or other easements as granted or reserved by in-
struments of record or as now existing on said tract of land.
4. That the Plaintiffs and all members of the
unincorporated association which they represent are property
owners which are either adjacent to or in the immediate vicinity
of the property for which the zone change was requested.
5. That on April 5 , 1978 , the Defendants, The Board
of County Commissioners of the County of Weld, by a vote of
three to two granted a change of zone from "E" Estate District
to "A" Agricultural District for the Defendants , Bestway
Paving Company and Gilsabind Convidar .
-2-
6 . That the Defendant, The Board of County Commis-
sioners of the County of Weld, on April 12 , 1978 , passed the
official resolution for the change in zone , including findings
of fact, which were not made at the time the change of zone
was granted by the Defendant, The Board of County Commissioners
of the County of Weld.
7 . That in granting the change of zone from "E"
Estate District to "A" Agricultural District for Defendants ,
Bestway Paving Company and Gilsabind Convidar, the Weld County
Board of County Commissioners abused its discretion, as de-
fined by law, and exceeded its jurisdication .
8 . That the Defendant, The Board of County Commis-
sioners of the County of Weld, exceeded its jurisdiction in
that there was noncompliance with C .R.S . 1973 30-28-116 and.
Section 8 of the Official Weld County Zoning Resolution.
9 . That the Defendant, The Board of County Commis-
sioners of the County of Weld, abused its discretion in that
it did not comply with Colorado statutory law and Colorado
case law in applying the proper standards to the facts pre-
sented at the April 5 , 1978 hearing.
10 . That the Defendant, The Board of County Commis-
sioners of the County of Weld, exceeded its authority and
acted in an arbitrary and capricious manner when it supposedly
made findings of fact seven days after the hearing and vote
to grant the zoning change.
11. That the Colorado Rules of Civil Procedure ,
Rule 106 (a) (4) allows for an order staying all proceedings
regarding and dealing with the change of zone set forth in
this Complaint and the best interest of justice require
that an Order Staying all Proceedings relating thereto should
be granted until such time as this Court has an opportunity
to determine the merits of the issues set forth in this
Complaint.
WHEREFORE, the Plaintiffs respectfully move this
Honorable Court for a Writ of Certiorari and an Order staying
-3-
all proceedings of The Board of County Commissioners of the
County of Weld relating to the change of zone as set
forth above, as allowed by Colorado Rules of Civil Procedure ,
Rule 106 (a) (4 ) , for all costs expended in pursuing this action,
and for such further relief as the Court may deem jus d
proper .
6 ect✓~ul y submitted ,
Dominguez , Jr. (#2803)
t rney for Plaintiffs
1220 11th Ave.
Greeley, CO 80631 /
Telephone : 356-15 2
Hello