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HomeMy WebLinkAbout2020CV30580 - City Of Fort Collins V. Board Of County Commissioners Of Larimer County, Colorado And Streetmediagroup, Llc - 005 - Motion To Certify RecordDISTRICT 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 ______________________________________________ Andrew D. Ringel #24762 Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 303-628-3300 Fax: 303-628-3368 ringela@hallevans.com John R. Duval #10185 Deputy City Attorney Claire Havelda #36831 Assistant City Attorney City Attorney’s Office 300 Laporte Avenue P.O. Box 500 Fort Collins, Colorado 80522 970-221-6652 Fax: 970-221-6327 jduval@fcgov.com chavelda@fcgov.com Attorneys for Plaintiff ▲COURT USE ONLY ▲ _________________________ Case Number: 2020CV030580 Division: MOTION FOR CERTIFICATION OF RECORD with proposed Order DATE FILED: August 25, 2020 3:45 PM FILING ID: 392F9AF86328D CASE NUMBER: 2020CV30580 2 Plaintiff City of Fort Collins, by and through its attorneys, Andrew D. Ringel, Esq., of Hall & Evans, L.L.C. and John R. Duval, Esq., Deputy City Attorney, and Claire Havelda, Esq., Assistant City Attorney, of the Fort Collins City Attorney’s Office, hereby respectfully submits this Motion for Certification of Record pursuant to C.R.C.P. 106(a)(4)(III), as follows: 1. Review in this matter is limited to the evidence in the record before Defendant Board of County Commissioners of Larimer County, Colorado (the “Board”). 2. The record consists 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 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 July 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 3. The record also consists 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. WHEREFORE, pursuant to C.R.C.P. 106(a)(4)(III), Plaintiff City of Fort Collins, Colorado, respectfully requests this Court issue an Order requiring certification of the record in this matter by Defendant Board of County Commissioners of Larimer County, Colorado. Dated this 25th day of August, 2020. Respectfully submitted, /s/ Andrew D. Ringel________________ Andrew D. Ringel #24762 Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 303-628-3300 Fax: 303-628-3368 ringela@hallevans.com and John R. Duval #10185 Deputy City Attorney Claire Havelda #36831 Assistant City Attorney City Attorney’s Office 300 Laporte Avenue P.O. Box 500 Fort Collins, Colorado 80522 970-221-6652 Fax: 970-221-6327 jduval@fcgov.com chavelda@fcgov.com ATTORNEYS FOR PLAINTIFF THE CITY OF FORT COLLINS COLORADO