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Home My WebLink About780396.tiff COUNT'( OF WELD • Filed with the Clerk of ttf Board II of County Commissioners 0 C 131979 •IlI--Nnlw� Illlp bu�IMUNl In 1'111L ACTION 3: /0 )42-4. STATE OF COLORADO, IN THE DISTRI Gayety of WELD DIV, ,.,. CIVIL. ACTION NO. -ir'/.'ee• .. CHAF2LE$_•HOBDAY, t • • e Plaintiff VS. • BOARD .OE...COUNTY. COMMISSIONE �1� • OF WEL,D...COUNTY.,. •State. of.. .. . _. SUMMONS Colorado, WARNING: II this summons dues not contain not docket nwnlwr tit the civil action, then tlur corm plaint must bit Moil within tun (Loos uher Ihu • sunenmis as servos', or the COURT Wll.I. DI. WITHOUT JURISDICTION TO PROCLED FUR• Till R AND TIIF ACTION WILL DI: DEEMED • ••• •• •• • ••• •••'• " " """ "- """"""""' OISMISSLD WI TROUT PRFJI)DICL AND WITH OUT I IIfiTtll II NOTICI Intoonahnn Iron Ihu court coocrroiuq this civil .irtiun may not be;nail .. .. able until Ion days allot Ihn summons is suw,al. 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 be 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 complaint be not served upon you with this summons, you are required to file your answer to the complaint within S0 days after setyice of this summons upon you. This Is an action' under the provisions of Rule 106 , CRCP, all of which is more fully shown by the attached complaint., • SHERIFF'S OFFICE MELD CO., COLO. RECEIVED • OCT 13 1973 A 89101112 1�I 2 34lrl,(i latl,lrlrltl , lllr • Dated. 4 .kol?ez...] 3 , 18...7..5.. p Clerk of said Court• RICHARD M. HUCKEB r�Y ss#1398• By • ATTORNEY FOR PLAINTIFF ] Deputy Clerk Address of Atto q e [SEAL OF COURT] 1123 Delaware St. Denver, Colorado 80204 CL•' (°h ,1i' NOTE—This summons Is issued pursuant to Rule b Colorado Rules Civil Procloom __321.7629-0500 elf us ,uremon, Is published or mend without s ropy of 780 39 6 nit "'Woestate Lae relied demanme "'Woebuds i execution Is sought the summons muse store"founded upon tort." ----_ I 1 IN THE DISTRICT COURT 2 IN AND FOR THE COUNTY OF WELD 3 STATE OF COLORADO 4 Civil Action No. 'S c/7 5 CHARLES HOBDAY, ) ) 6 Plaintiff, ) 7 ) 8 vs . ) COMPLAINT PURSUANT TO RULE 106, CRCP BOARD OF COUNTY COMMISSIONERS) OF WELD COUNTY, State of ) 10. Colorado, ) 11 Defendant. ) 12 COMES NOW the above named Plaintiff, through his attorney, 13 Richard M. Huckeby, and pursuant to and in accordance with Rule 14 106 of the Colorado Rules of Civil Procedure, complains and 18 alleges as follows: 16 1 . Plaintiff is the owner of certain real property located it 17 the County of Weld, State of Colorado, which is more fully des- 18 cribed in Exhibit "A" attached hereto and made a part hereof . 19 2 . The Defendant, the Board of County Commissioners of Weld 20 County is an administrative body which exercises quasi-judicial 21 functions . 22 23 3. On or about September 13, 1978, the Defendant denied the 24 application of the Plaintiff requesting a change of zone from 25 A-Agricultural District to B-Business District for a certain par- 26 cel of land situate in Weld County which is more fully described 27 in Exhibit "A" attached hereto. 28 4 . Plaintiff did in a timely manner request rehearing of the 29 Defendant' s decision herein. 30 5. On or about October 2, 1978 , the Plaintiff' s request for 31 a rehearing was denied. 32 6. Plaintiff alleges that the Board of County Commissioners RICHARD M. HUCKEBY ATTORNEY AT LAW 1123 DELAWARE STREET DENVER.COLORADO 00`04 1 of Weld County has exceed its jurisdiction, abused its discretion, 2 and refused to honor and keep the commitments made by other boards 3 and commissions of said Weld County, in denying Plaintiff ' s appli- 4 cation for rezoning; and Plaintiff has no plain, speedy, or adequat 5 remedy at law. 6 7. Such abuses of discretion and exceeding of jurisdiction 7 consist of the following, among others: 8 a. Denial of the rezoning application was arbitrary, capricio s, 9 without foundation in fact or law, and in violation of the 10 previous commitments of the Weld County Planning Commissio . 11 b. The decision was contrary to the evidence and prior findi s 12 of the Planning Commission, upon which plaintiff has prop 13 erly relied. 14 c . The decision effectively reverses previous rulings and 15 findings of the Planning Commission, upon which Plaintiff 16 has relied and changed his position. 17 WHEREFORE, Plaintiff prays that the Court find and order: 18 1 . That Defendant show cause, within 30 days after service of 19 an appropriate order, why the relief sought should not be granted. 20 2 . That Defendant certify and deliver to this Court on or 21 before a date certain all records and transcripts of Plaintiff ' s 22 proceedings before it and its Planning Commission, including copie 23 of all building permits, minutes, papers filed, and transcripts of 24 all hearings, and specifically those held on June 3 , 1968 ; April 24 , 25 1974 ; May 6, 1974 ; and September 13 , 1978 . 26 3. That the decision of the Board of County Commissioners 27 of Weld County be reversed as abusive of its discretion; or as not 28 supported by competant evidence; or on any other appropriate groun ; 29 and/or that it be found to be in 30 31 32 -2- 1 excess of the jurisdiction of said Board. 2 4 . For costs of this suit for such other relief as to 3 the Court may seem just and prp er in th premises. 4 5 Richard . Huckeby # 982 6 Attorney for Plaintiff 1123 Delaware Street 7 Denver, Colorado 80204 629-0500 8 9 VERIFICATION 10 STATE OF COLORADO ss . 11 City and County of Denver 12 Richard M. Huckeby, being f ' s duly sworn according to law, deposes and says that he has r d he foregoing instrument and 13 that the contents thereof are ru to the b st of his knowledge, information, and belief. 14 15 16 Sworn and subcrib'td to before me this 13th day of Octo er, 1978. 17 18 \ rul Hf,, off% `' c` 19 ,_Of. NO ^ 2Y )- ; Ndtary Public 20PUI My co Sion3 eixp 4-10-82 21 FOF c0V° 22 �P 23 24 25 26 27 28 29 30 31 32 -3- L4;OAL I)vScE I P'I'TON Parcel A. • ':irt of the East Half (E'r) of the Northeast Quarter (NE'4) of Section 6, i'ouii::hip 1 North, Lange 65 West of the 6th P.M. , Weld County, Colorado, rin; m',rc partiriilrurly described :c; follows: R ; inning at the Northeast Corner (N8 C'', ) O1 :;nil Sect 11111 6, and con- idcrir,g the fast Line of said S, rtion 6, 'I:; hearing South 00' 43' 37" West, cilh ;11I other hearings containcd herein relative. thereto; Thence South 00°4.3' 37" West, along said ]':1st Line, 2551..64 feet to the Vast Quarter Corner (O4 Cor) of said Section 6; Thence South 89' 39'04" West, 668.42 feet; Thence North 00°47'58" East, 2555. 53 feet to a point on the North Line of the Northeast Quarter of said Section 6; Thence North 90° 00'00" East, along said North Line, 662.90 feet to the Northeast Corner (NE Cor) of the Northeast Quarter of said Section 6, said point heiug the Point of Beginning.• Said described parcel of ].and contains 39.01.92 acres, more or less, including a strip of ground 50 feet in width along the South line of said described parcel of land and is subject to any rights-of-way or other r ;.,._ar°nts as recorded by instruments of record or as now existing on said described parcel of land. • Parcel B That part of the Southeast one-quarter of Section 30 and that part of the East one-half Section 31 , Township 2 Worth, Range 65 'first of the 6th Principal I'cridian, Weld County, Colorado described .s : Beginning at the Northeast corner said Southeast one-cuarter, Section 30; thence S90°00'00"'r( on an assumed bezring along the East line said Southeast one-cuarter a distance of 1191 .50 feet in the : rue point of beginning; thence S90°00'00"W a distance of1003.26 feet; `hence S26°38'00"N a distance of 623.54 feet; thence S15°lI ' 50"E a distance of 925.34 feet to a point on the North line of tee East one- half Fast ccc-half , Section 31 ; thence 1:89°45' 10"E along said North line a distance of 360,22 feat; thence 526°23'40"E a distance of 1077 ,99 feet do a point 200.00 feat West of the fast line said Ecat one-half, Section 31 ; thence S00°20'30"'r! parallel with said East line a distance of 3722.86 feet to a point 650.00 North of the South line said East one-half , Section 31 ; thence 589°57 '35"W parallel with said South line a distance cf 1125.65 feet to a point on the West Lind said East one-half East one-half, Section 31 ; thence 500°23'20"W along said 'Test line a distance of 650.00 feet to the Southwest corner said East one- half East one-half , Section 31 ; thence hltti9°51 '35"E along the South line said East one-half East one-half, Section 31 a distance of 1326. 18 feet to the Southeast corner said East onc-nalf East one-half, Section 31 ; thence NOO°20'30"E along the East line said East one-half Cast one-half, Section 31 a distance cf 5341 .31 feet to the Southeast corner Section 3o; thence tloo°00'00"E anong the East line' said Section 3C a distance of 1445.85 feet to the true point of beginning . Contains 85,258 Acres more or less. • EXHIBIT A J 1 IN THE DISTRICT COURT 2 IN AND FOR THE COUNTY OF WELD 3 STATE OF COLORADO 4 Civil Action No. .3 r/7 5 CHARLES HOBDAY, ) 6 Plaintiff ) 7 vs. ) ORDER AND CITATION TO SHOW CAUSE UNDER RULE 106 8 BOARD OF COUNTY COMMISSIONERS) CRCP (TO BE SERVED BY A OF WELD COUNTY, State of ) SHERIFF OR PRIVATE PROCESS 9 Colorado, ) SERVER 10. Defendant. ) 11 THIS MATTER coming on to be heard upon the Plaintiff ' s Com- 12 plaint this /3 day of October, 1978 . 13 NOW THEREFORE, BE IT ORDERED that the Defendant should appear 14 czle /;,3a 97417 on the day of /Lt�.pi�t/t . . , 1978 ,4and show ause , 15 if any it has, why the relief prayed for in the Complaint should 16 not be granted. 17 IT IS FURTHER ORDERED that the Defendant Board of County 18 Commissioners of Weld (CCoounnty shall certify and deliver to this 19 Court on or before -44-1(-Cvl- kt-t> /-3 , 1978 , such records, 20 papers, files, transcript and minutes of proceedings, documents 21 and the like as are specifically defined in the Plaintiff ' s Com- 22 plaint relating to the proceeding before the Board of County 23 Commissioners of Weld County regarding the denial of Plaintiff ' s 24 application for rezoning which denial is dated September 13, 1978 25 DONE AND SIGNED IN OPEN COURT ON THE A2 DAY OF 26 C_74m-Ite,t_✓ , 1978. 27 BY COURT: 29 ✓9 District Judge 30 31 32 RICHARD M. HUCKEBY ATTORNEY AT LAW 1123 DELAWARE STREET DENVER.COLORADO 00704 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF WELD STATE OF COLORADO Civil Action No. 30172 Division I CHARLES HOBDAY, Plaintiff, ) vs. ) CERTIFICATE OF TRANSCRIPT BOARD OF COUNTY COMMISSIONERS ) OF WELD COUNTY, State of ) Colorado, ) Defendant. ) STATE OF COLORADO ) SS COUNTY OF WELD I, Jeannette Ordway, Deputy County Clerk and acting Clerk to the Board of County Commissioners of Weld County, Colorado, do hereby certify that the attached record is a full and complete record of the proceedings concerning the matter of the application of Charles Hobday for a Change of Zone from A to B including a transcript of the proceedings before the Board of County Commis- sioners of Weld County, Colorado held on September 13, 1978 and also including transcripts of all hearings before the Weld County Planning Commission together with all documents, exhibits and maps and other data on file in this office in connection with said application. Dated this 13th day of November, 1978 . vd i C�RjI;lC tiT+� r;f�; / 'Jeannette Ordway; 'N TH § / 'AY F rl?U, ,'978 \ / Deputy County Clerk and Aching Clerk THE ABOVE WAS SERVE. / to the Board of County Commis- OF RECCAD„FGR ALL ABC sioners of Weld County, Colorado. PLACING COPY OR COPIES TH, DRESSED AND POSTAGE PREPAI!p irtAJP§TAJE.tMAIL. / ATAITMUir;FOF RE1.),,RD ,2 s MABEL BROYLES \........1 - October 15, 1978 CERTIFIED SHORTHAND REPORTER 46ettsIe„1 258 SOUTH 12TH AVENUE BRIGHTON, COLORADO 80601 659.1130 Invoice No. 189 TO: Weld County RE: 915 10th Street P.O. Box 758 Greeley, Colo 80631 Transcribe hearing before the Weld County Commissioners to consider a request for Chang of Zone from A-Agricultural to B-Business thirty-four (34) pages at $1. 95 per page $66 . 30 a • SENDER: Complete items I.2.and i. No. 2 3 0 2 71 1 Add your *Stets in the "RETURN TO" space on vjmene. RECEIPT FOR CERTIFIED MAIL g 1. 'Ihe following service isreque41 (check one). ® Show to whom told=delivered 250 NO INSURANCE COVERAGE PROVIDED— fShow to whom,dwai3k,71ddrey of delivery 450 NOT FOR INTERNATIONAL MAIL ❑ (See Reverse) 3 O RESTBICfED .40. — Show to whom vexed 854 SENT To O RESTRICTED sREETANDNo Huckeb y- Show to whom, slimsofdelivery ..D1.05 (Pees shown are in d,o"n 3dwge charges and other 1123 Delaware fees). P.O.,STATE AND ZIP CODEi„ . v Denver, Colo 80202 2. ARTICLE ADDRESS : t $ a et POSTAGE �F .. CERTIFIED FEE ¢ Richard M. kebyq ,n 1123 Delaware W SPECIAL DELIVERY t , Dnnrer. rnln RQ709 se▪ RESTRICTED DELIVERY Q S. ARTICLE DESCRIPTION: ce la> i DELIVERED ODWHOM AND DATE t tn REGISTERED NO. CERTIFIED NO. INSURED NO. 280271 la 7E N in SHOW WH OM,D DATE.AND t wsfl° IN alptalte n of addnaaaa or fleet) r OF DELIVERY ( u `CAz W ADDRESS I have received the article descri d above. r p it SHOIVEAEDWHOM WITH AESTRILTED t SIGNATURE ❑ Addressee Authorized agent y o 2 DELIVERY "(\ 00 r SHOW TO WHOM,DATE AND 4,t�- m ADDRESS OF DELIVERY WITH t re RESTRICTED DELIVERY >ATE/IcC7t4 ] a TOTAL POSTAGE AND FEES $ I // // C /� ((�M�� S. ADDRESS((CompleIW*only If nqua 8L a POSTMARK OR DATE N IL, � dAU hi co Hobday 6. UNABLE TO DELIVER BECAUSE: . C ERK'S T_____ Hobday -Cr G0P:NM-O.103-eso • n r.( )i1rii ; id ini;rai Y P. O. BOX 1948 gH IONL 13031 ;;bG1000 LXI. 3G9 WI I C 916 II)AL806STREET (THEE I.f Y. C(1LOHr1UO R0G31 COLORADO• November 13 , 1978 Mr. Richard M. Huckeby 1123 Delaware Denver, CO 80202 Re: Hobday vs. Board of County Commissioners of Weld County, Colorado Dear Mr. Huckeby: I enclose herewith your copy of the reporter' s transcript in the above-entitled matter. I also enclose herewith a statement received from Mable Broyles, the certified shorthand reporter, who reported the hearing before the Board of County Commissioners . As you can see, the total cost is $1. 95 per page which is $1 . 10 for the original, 850 per nage for the copy. Accordingly, you should mail a check directly to Mrs . Broyles in the sum of $28 . 90 . We are preparing our own claim for Mrs. Broyles for the original which is $1. 10 per page for 34 pages or a total of $37 . 40. Very truly yours , (7)` :I_ /7( Thomas O. David County Attorney TOD: ss cc Mabel Broyles Hello