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HomeMy WebLinkAbout2020CV30580 - City Of Fort Collins V. Board Of County Commissioners Of Larimer County, Colorado And Streetmediagroup, Llc - 006 - Order Requiring Certification Of Record DISTRICT COURT, COUNTY OF LARIMER, COLORADO Larimer County Justice Center 201 Laporte Avenue, Suite 100 Fort Collins, Colorado 80521-2762 (970) 498-6100 ______________________________________________ Plaintiff: THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, v. Defendants: BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO; STREETMEDIAGROUP, LLC ______________________________________________ District Court, County of Larimer, State of Colorado ▲COURT USE ONLY ▲ _________________________ Case Number: 2020CV030580 Division: ORDER REQUIRING CERTIFICATION OF RECORD This matter comes before this Court on the Plaintiff’s Motion for Certification of Record. The Court, having reviewed the Motion and the Complaint for Review Pursuant to C.R.C.P. 106(a)(4), and being fully advised, finds the Motion should be granted. IT IS THEREFORE ORDERED THAT: 1. Defendant Board of County Commissioners of Larimer County, Colorado shall file with this Court the record of its consideration of the appeal described in the Plaintiff’s Complaint for Review Pursuant to C.R.C.P. 106(a)(4), no later than 45 days after the date of this Order. 2. The record shall consist of the appeal filed by Defendant StreetMediaGroup, LLC (“StreetMediaGroup”) with Larimer County, Colorado, in County File #20-GNRL0478, (the “Appeal”) and all documents submitted by StreetMediaGroup and all documents and tangible DATE FILED: September 1, 2020 4:33 PM CASE NUMBER: 2020CV30580 2 things received, compiled and collected by and concerning the Appeal by the Larimer County Development Services Team, by anyone else at Larimer County, and by the Board. This includes, without limitation, all documents and tangible things received and considered by the Board related to the Appeal. It also includes, without limitation: (1) the agenda and attachments prepared for the Board’s June 1, 2020, public hearing to hear the Appeal; (2) all submissions at the June 1, 2020, public hearing related to the Appeal; (3) a verbatim transcript of the June 1, 2020, public hearing related to the Appeal; (4) the agenda and attachments for the Board’s July 28, 2020, public hearing to consider the adoption of the Board’s “Findings and Resolution Approving the Street Media Group Sign Appeal” (“Findings and Resolution”); (5) all submissions at the J uly 28, 2020, public hearing related to the Appeal; and (6) a verbatim transcript of the July 28, 2020, public hearing related to the Appeal. 3. The record shall also consist of all relevant sections of the Larimer County Land Use Code the Board relied on in considering and deciding the Appeal and in adopting its Findings and Resolution. 4. Defendant Board of County Commissioners is directed to prepare a verbatim transcript of its June 1, 2020, hearing. The cost of preparing the record shall be advanced by the Plaintiff provided Defendant Board of County Commissioners gives counsel for the Plaintiff written notice of the amount to be advanced in the form of an itemized statement no later than 30 days after the date of this Order. 3 Dated this ____ day of ______________________, 2020. BY THE COURT: _______________________________ District Court Judge 1 September