HomeMy WebLinkAbout2017CV01 - Hoffman & Hunt V. City Of Fort Collins, Et Al - 005 - Ruling And Order On Motion For Stay Of ProceedingsMUNICIPAL COURT, FORT COLLINS COI ORADO
Case No.: 2017-CIVILOl
Plaintiffs: COLLEEN HOFFMAN, et al
V.
Defendants. THE CITY COUNCIL OF THE CITY OF FORT COLLINS, et al.
This matter comes before the court on the Defendants' Motion for Stay of Proceedings. Having
reviewed the Defendants' motion, the Plaintiffs' response and Defendants' reply. and applicable
ordinances, law and case law, the Court makes the following riling and order:
The Plaintiffs filed a summons and complaint on March 20, 2017 seeking injunctive relief and
review by this court pursuant to Article III, Section I of the City Charter alleging that Defendants abused
their discretion with regard to the approval of the Landmark Apartments Expansion Project Development
Plan.
Defendants, through counsel, have filed a motion for stay of proceedings in order for the City
Council to establish rules of procedure to govern civil matters in municipal court as contemplated by the
City Charter provision referenced above. Council has considered and passed on first reading an ordinance
that would provide the necessary rules of procedure for civil (natters in the municipal court. If adopted on
second reading, the procedural rules would go into effect April 28, 2017. The rules would then apply to
this ease.
The Colorado ConStittfti.on. prohibits enactment of laws that are "retrospective in operation". Colo.
Const. art.1l, sec. 11. However, as stated by the Colorado Supreme Court in City of'Golden v. Parker, 138
P.3d 285 (Colo. 2006), a retroactive application of law is permitted if the law is remedial or procedural.
At this time, there are no procedural rules to assist parties litigating civil matters in municipal court
pursuant to the City Charter. The need for such rules and procedures for this and any other civil case in
municipal court is without question.
Because such rules are currently being considered by Council, it is reasonable to grant a short stay
of these proceedings in order for Council to establish rules to allow this case to proceed to a review on this
merits. At this very early stage in the litigation, there would be Iittle if any prejudice to the Plaintiffs by
the granting of a stay of proceedings through April 28, 2017,
THEREFORE, the Defendants' Motion for Stay of Proceedings is hereby GRANTED. This
matter will be stayed up to and including April 28, 2017.
Done this 13"' day of April, 2017. BY THE COURT
Teresa Ablao, Associate Municipal Judge
CERTIFICATE OFMAILING
cellifv t11-11 on day of April. �20,17, 1 sent
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All Pro Me ,
pleadings.
Colleen Hoftman
Rick Hoffman
Ann Hunt
Kimberly SChUtt, Esq,
Jon Duval, Esq.