HomeMy WebLinkAbout2018CV2867 - Fort Collins Mennonite Fellowship And Steve Ramer V. City Of Fort Collins, Et Al - 046 - Stipulation Of Bookstaber To Be Bound By Judgment1744603.1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-02867-NYW
FORT COLLINS MENNONITE FELLOWSHIP, a Colorado nonprofit corporation, and
STEVE RAMER,
Plaintiffs,
v.
THE CITY OF FORT COLLINS, a home rule municipality,
THE CITY OF FORT COLLINS CITY COUNCIL, and
LAURIE DAVIS,
ROBERT DAVIS,
MARY RAY,
H. STUART MACMILLAN,
HOLLY JOHNSON,
LAURA PETRICK,
DAVE PETRICK,
KATHERINE ACOTT,
WALTER HICKMAN,
PATRICIA DIEHL,
LISA EATON,
FERAH AZIZ,
TARA MCCORMAC,
JENNIFER PETRIK,
PAMELA REFREM,
NICK MATTHEWS,
DENNIS BOOKSTABER,
BELL GOULD LINDER & SCOTT, P.C.
TOM HALL, and
STEVE ACKERMAN, in their individual capacities.
Defendants.
DEFENDANT DENNIS BOOKSTABER’S STIPULATION TO BE BOUND BY
JUDGMENT ON PLAINTIFF’S CLAIM UNDER COLO. R. CIV. P. RULE 106(A)(4)
Plaintiffs Fort Collins Mennonite Fellowship, a Colorado nonprofit corporation (the
“Fellowship”), and Steve Ramer (“Ramer” and collectively with the Fellowship, “Plaintiffs”),
by and through their undersigned counsel, and Defendant Dennis Bookstaber, hereby submit this
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Stipulation of Dennis Bookstaber (“Defendant”) to be Bound by this Court’s Judgment on
Plaintiffs’ Claim Under C.R.C.P. Rule 106(a)(4), as follows:
1. Plaintiffs filed their Complaint and Request for Declaratory Judgment and
Injunctive Relief in this case on November 6, 2018 (the “Complaint”). The Complaint seeks,
among other things, certiorari review pursuant to Colo. R. Civ. P. Rule 106(a)(4) (“Rule
106(a)(4)”).
2. Defendant is a resident or owner of real property located in the vicinity of the
Fellowship’s property at issue in this case.
3. Following the Fort Collins Planning and Zoning Board’s (the “PZB”) approval of
the Fellowship’s Minor Amendment Application at issue in this case, Defendant joined in an
Appeal of that approval (the “Appeal”) to the Fort Collins City Council (“City Council”).
4. City Council conducted a public hearing considering the Appeal on October 9,
2018. Defendant appeared in person at the October 9, 2018 City Council hearing in support of the
Appeal, and was deemed to be a “party-in-interest” for the Appeal.
5. An applicant for a land use decision, the issuance of which is challenged under
Rule 106(a)(4), is an indispensable party to such an action. See Bd. of Cnty. Comm’rs v. Carter,
564 P.2d 421, 422 (Colo. 1977).
6. Because Defendant joined in the Appeal, appeared before City Council on
October 9, 2018, and was deemed to be a “party-in-interest” by City Council, the Fellowship
joined Defendant in its Second Claim for Relief under Rule 106(a)(4).
7. Defendant is not a party to any other claims in this action.
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8. Defendant understands that the City of Fort Collins and City Council are defending
against Plaintiffs’ 106(a)(4) claim, and Defendant does not wish to actively participate in this
action. Defendant agrees to be bound by any decision made by this Court related to that claim.
9. Plaintiffs acknowledge and agree that their Second Claim for Relief under Rule
106(a)(4) does not entitle plaintiff to seek any monetary damages against Defendant, including
pecuniary damages or attorneys’ fees.
WHEREFORE, Plaintiffs and Defendant respectfully requests that this Court enter an
Order making this Stipulation an Order of the Court.
Respectfully submitted this 1st day of February, 2019.
/s/ Brian J. Connolly
Thomas Macdonald
Brian J. Connolly
David A. Brewster
Andrew L.W. Peters
Otten, Johnson, Robinson, Neff
& Ragonetti, P.C.
950 Seventeenth Street, Suite 1600
Denver, Colorado 80202
Telephone: 303 825 8400
Facsimile: 303 825 6525
E-mail: mac@ottenjohnson.com
E-mail: bconnolly@ottenjohnson.com
E-mail: dbrewster@ottenjohnson.com
E-mail: apeters@ottenjohnson.com
Attorneys for Plaintiffs FORT COLLINS
MENNONITE FELLOWSHIP and STEVE
RAMER
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/s/ DennisBookstaber
Dennis Bookstaber
120 Mathews St. Unit #4,
Fort Collins, CO 80524
Telephone: 970 493 2005
E-mail: dmbook@comcast.net
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on this 1st day of February, 2019, a true and correct copy of the
foregoing DEFENDANT DENNIS BOOKSTABER’S STIPULATION TO BE BOUND BY
JUDGMENT ON PLAINTIFF’S CLAIM UNDER COLO. R. CIV. P. RULE 106(A)(4) was
electronically filed with the Clerk of Court using the CM/ECF system which will send notification
of such filing to the following email addresses:
Andrew D. Ringel
Hall & Evans, L.L.C.
1001 Seventeenth Street, Suite 300
Denver, CO 80202
ringela@hallevans.com
Attorney for Defendants The City of Fort
Collins and The City of Fort Collins City
Council
/s/ Margo Brown
Margo Brown
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