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Home My WebLink About760525.tiff J r , 0 I� HOYMAN, NANNEY & DIXON J i PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1540 EMERSON 1115 llmm AVENUE DENVER, COLORADO 80218 GREELEY, COLORADO 80831 Tau, (303) 882.2999 Twat (303) 356.5515 JOHN HOYMAN (808) 356.0986 JOHN P. NANNEY, IR GREGORY L. MERCIER THOMAS F. DIXON JOHN F. GARRITY January 5, 1976 OP COUNSEL JOHN P. DONLEY Mr. Gary Z. Fortner Planning Director Office of the Planning Commission 1516 Hospital Road Greeley, Colorado 80631 \ Re: Aristocrat Ranchettes Dear Mr. Fortner: We have reviewed your letter of December 23, 1975 (which we did not receive until December 29th) with our client, Mr. N. J. McConahay. We have the following questions and comments : 1) Please state the legal basis for your belief that our client is responsible for the "health, safety and welfare of the people residing in the Aristocrat Ranchettes area." 2) Please state the legal basis for your belief that our citric is responsible for any engineering errors that have been made by the Aristocrat Water District. 3) Please detail all facts used and assumptions relied on in your assertion that there is insufficient well water available for each lot in Aristocrat Ranchettes . 4) Please indicate what response the Aristocrat Water District has made to your recommendations . 5) Please state the legal basis of your authority to stop all further sales or development of lots in Aristocrat Ranchettes as demanded in Paragraph numbered 1 of your letter, and whether this extends to sellers other than our client. 760525 Mr, Gary Z. Fortner January 5, 1976 Page Two 6) Please provide copies of the alleged "guarantees that the road system within Aristocrat Ranchettes is [sic] brought up to County standards ." 7) Please state the legal basis for your belief that the road system be paved and curbed at the expense of our client. 8) Please state the legal basis for your belief that you have the power to stop all further sales of lots or development of lots pursuant to paragraph numbered two of your letter. 9) Please indicate what efforts have been made to gain input from members of the general public, including the residents of Aristocrat Ranchettes. 10) Please state the reasons why the Planning Commission has reneged on the promise made November 18th that the County would not proceed against mobile homes at Aristocrat Ranchettes if the water, sewer, and road problems at Aristocrat Ranchettes were adequately resolved. 11) Please indicate where information can be obtained concerning the reasons why Aristocrat Ranchettes Subdivision was zoned A-2 . 12) Please clarify what role Mr. Bob Miller, District Attorney, and Colorado Rural Legal Services, Inc . are taking in this controversy. If there is a criminal investigation pending, please so specify so that our client and others may adequately protect their rights . Meanwhile, in discussing this and related problems, including the question of the desirable future growth of Fort Lupton, with area residents and others interested in the area, it has been suggested that a District Planning Commission be appointed to better provide citizen input. The proposed District Planning Commission would of course be subordinate to the Weld County Planning Commission, but would have the significant advantage of being a locally controlled organization accessible to local citizens . We would of course be interested in any recommendations you might have concerning the boundaries of the District Planning Commission. Mr. Gary Z. Fortner January 5, 1976 Page Three Our research has disclosed no legal basis whatsoever for your implied assertion that the Planning Director of Weld County has authority to order the cessation of sales in Aristocrat Ranchettes . We particularly note severe problems of procedural due process, and of the taking of property without due process . As we do not have the resources or experience of Weld County, it is certainly not impossible that we overlooked some legislative grant of this authority. As our client has been and wishes to remain a law abiding citizen, we would of course wish to be apprised immediately of any such provision. Yours very truly, RAYMOND L. ROBERT 1115 Eleventh Avenue Greeley, Colorado 80631 RLR:kea cc : Mr. N. J. McConahay Mr. Glenn K. Billings Mr. Ronald Heitman Mr. Robert Miller Hello