HomeMy WebLinkAbout760370.tiff MARSHALL AND MARSHALL
ATTORNEYS AT LAW
DONALD W. MARSHALL IS SOUTH FOURTH AVENUE TELEPHONE
DONALD W. MARSHALL,JR. (303) 669-0241
BRIGHTON,COLORADO 80601
W. PAUL FRYER
?•March 25, 1976
RETURN RECEIPT REQUESTED
CERTIFIED MAIL NO. 740433
Weld County Board of Commissioners
1516 Hospital Road
Greeley, Colorado 80631
Re : Virtue, et al vs .
Lochbuie Center, Inc.
Dear Sirs :
We have been retained by residents of the City of
Lochbuie in order to obtain some relief for them from the
problem of blowing soil which exists in the community. This
soil is blowing from land owned by Lochbuie Center, Inc. , a
Colorado corporation, the registered agent of which is Mr.
Gordon McLain, Route 4 , Box 2175 , Brighton, Colorado 80601 .
This land from which the soil is blowing is a 240-acre field
on Highway 37 within the city limits of Lochbuie in Weld
County, more particularly described as Lot 1 , Block 1 ,
Spacious Living No. 1 .
By reason of such wind erosion of the soil on this
property, roads and public property are being damaged. This
field has not been properly maintained during the time it has
been owned by Lochbuie Center, Inc. , and at present large
quantities of soil are blowing across the road and into the
trailer development immediately adjacent. The residents of
this mobilehome community complain of sand on their property
in drifts of up to several feet. Several members of the
community suffer respiratory problems and this condition is
causing them severe problems. Also, members of the community
complain of damage to their automobiles and the interior of
their trailers as a result of the blowing dirt. ..
As you know, the Soil Erosion Act of 1954, C.R. S. ,
1973 Section 35-72-101 et.seq. makes it the duty of the Board
of County Co;nuissionrs to immediately investigate such
situations and where the public health is endangered to require
' [Cz
760370
MARSHALL. AND MARSHAL__
ATTORNEYS AT LAW
Jarch 25, 1976
Page 2 .
the landowner to correct the problem. If no action is taken
by the landowner then it becomes the duty of the commissioners
to certify to the Department of Agriculture that treatment of
the land is required, the costs of which are assessable against
the landowner.
I sincerely hope that your Board will act upon this
matter immediately. The citizens of Lochbuie deserve your
prompt attention. If you have any questions concerning this
request, please direct same to my office .
Thank you for your cooperation.
Very truly yours ,
L&RSHALL AND MARSHALL
BY /'
W:- Pau Fryer
cc: Mr. Tom Connell
Assistant County Attorney
First National Bank Building
Greeley, Colorado 80631
cc : Mr. Robert Virtue
Box 1-0115
Brighton, Colorado 80601
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