HomeMy WebLinkAbout2021CV30425 - Save The Poudre And No Pipe Dream Coporation V. Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, The City Of Fort Collins - 028A - Proposed Order
Larimer County District Court
201 La Porte Ave, Suite 100
Fort Collins, CO 80521
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SAVE THE POUDRE, and
NO PIPE DREAM CORPORATION
Plaintiffs
v.
NORTHERN COLORADO WATER CONSERVANCY
DISTRICT,
NORTHERN INTEGRATED SUPPLY PROJECT WATER
ACTIVITY ENTERPRISE, and
THE CITY OF FORT COLLINS, a Colorado home rule city
and municipal corporation,
Defendants.
Case No. 21CV30425
ORDER PARTIALLY DISMISSING PLAINTIFFS’ FIRST AMENDED COMPLAINT
PURSUANT TO COLO. R. CIV. P. 12(b)(5)
On August 31, 2021 Plaintiffs filed their First Amended Complaint. On September 28,
2021 Defendants the Northern Colorado Water Conservancy District (“Northern Water”) and
Northern Integrated Supply Project Water Activity Enterprise (“NISP Enterprise”) filed a Motion
to Partially Dismiss Plaintiffs’ First Amended Complaint. Having read and considered the Motion
and all responses, the Court hereby ORDERS that:
Pursuant to Colo. R. Civ. P. 12(b)(5), Plaintiffs are not entitled to relief for their claims
challenging the Northern Water Board’s action to overturn the Fort Collins Planning and Zoning
Commission’s disapproval pursuant to the Location and Extent Review Statute, C.R .S. § 31-23-
109. The Court therefore dismisses this portion of Plaintiffs’ claims, found in paragraphs 59(a),
59(b), 59(f), 59(g), 59(h), 59(i), 60, 66(a), 66(b), 66(f), 66(g), and 66(h) of their First Amended
Complaint.
Northern Water and the NISP Enterprise shall file an answer within 14 days of the date of
this Order responding to the remainder of Plaintiffs’ claims challenging Northern Water’s
authority to approve a site-specific development plan and create a vested right for the Poudre River
Intake and Pipeline pursuant to the Vested Property Rights Act, C.R.S. §§ 24 68 101 et seq.
DATE FILED: September 28, 2021 1:42 PM
FILING ID: FF5C6DD8D990E
CASE NUMBER: 2021CV30425
2
Dated: _____________________
BY THE COURT:
________________________
Gregory M. Lammons
District Court Judge