HomeMy WebLinkAbout2018CV125 - Rory Heath V. City Of Fort Collins, Et Al - 027 - Order Requiring Certification Of The RecordDistrict Court, Larimer County, State of Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
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RORY HEATH
Plaintiff,
v.
CITY OF FORT COLLINS CITY COUNCIL;
CITY OF FORT COLLINS; AND ELIZABETH
STREET CO. MANAGER, LLC
Defendants.
Case No.: 18 CV 125
Courtroom: 3B
ORDER REQUIRING CERTIFICATION OF RECORD
Plaintiff’s Amended Complaint contains a request for certain portions of the record
be designated on appeal. The Court, having examined the Amended Complaint, and being
fully advised in the premises, grants the request for certain portions of the record be
designated on appeal.
IT IS, THEREFORE, ORDERED THAT:
1. Defendants City of Fort Collins and City of Fort Collins City Council shall file with
the Clerk the record of the appeal to such Defendants described in the Amended
Complaint. The record shall include:
a. all pleadings, applications, evidence, exhibits, and other documents presented
to or considered by the City of Fort Collins Planning and Zoning Board on
December 14, 2017 and the City of Fort Collins City Council on February 13,
DATE FILED: November 30, 2018
CASE NUMBER: 2018CV125
2
2018;
b. a transcript of the hearing held on December 14, 2017 before the City of Fort
Collins Planning and Zoning Board and the hearing held on February 13, 2018
before the City of Fort Collins City Council as described in the Amended
Complaint as well as video recordings of such hearings if the same was
recorded;
c. the written order issued by City of Fort Collins City Council, any written
embodiment of said Defendants’ December 14, 2017 and February 13, 2018
decisions that may issue, and any additional and related documents; and
d. any correspondence communications between the Defendants and those
operating as their agents relating to the items contained in this paragraph 2.
2. Defendants City of Fort Collins and City of Fort Collins City Council shall file a
certificate of authenticity with record. The record shall be filed on or before January
15, 2019.
3. If Defendants City of Fort Collins and City of Fort Collins City Council wish the
Plaintiff to pay the cost of preparing the record, Defendants shall inform the Plaintiff
of its estimate for the cost of preparing the record no later than thirty (30) days from
the date of this order. Plaintiff shall advance such cost within fourteen (14) days after
such notice is provide to the Plaintiff.
SO ORDERED on this 30th day of November, 2018.
_________________________
JUAN G. VILLASEÑOR
District Court Judge