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Home My WebLink About2020CV30833 - CITY OF FORT COLLINS V. PLANNING ACTION TO TRANSFORM HUGHES STADIUM SUSTAINABLY CORP, ET. AL - 007 - MOTION FOR EXPEDITED CONSIDERATION DISTRICT 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 Colorado home rule city and municipal corporation, v. Defendants: PLANNING ACTION TO TRANSFORM HUGHES STADIUM SUSTAINABLY CORP, a Colorado nonprofit corporation; and ELENA M. LOPEZ, MELISSA ROSAS, AND PAUL PATTERSON, each in their official capacity as a petition representative of the persons signing the petition for a citizen-initiated ordinance relating to the City of Fort Collins rezoning and acquiring certain real property ______________________________________________ Carrie M. Daggett #23316 - City Attorney John R. Duval #10185 - Deputy City Attorney Fort Collins City Attorney’s Office 300 Laporte Avenue P.O. Box 500 Fort Collins, Colorado 80522 970-221-6520 cdaggett@fcgov.com , jduval@fcgov.com 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 Attorneys for Plaintiff ▲COURT USE ONLY ▲ _________________________ Case Number: 2020CV_____ Division: ___ PLAINTIFF’S UNOPPOSED MOTION FOR EXPEDITED CONSIDERATION with proposed Order DATE FILED: December 7, 2020 3:14 PM FILING ID: E57DFDC83C11A CASE NUMBER: 2020CV30833 2 Plaintiff City of Fort Collins, Colorado, (the “City”) by and through its attorneys, Carrie M. Daggett, Esq. City Attorney, and John R. Duval, Esq., Deputy City Attorney, of the Fort Collins City Attorney’s Office, and Andrew D. Ringel, Esq., of Hall & Evans, L.L.C., pursuant to C.R.C.P. 57(m), respectfully submits this Unopposed Motion for Expedited Consideration, as follows: 1. Contemporaneously with the instant Motion, Plaintiff has filed a Complaint for Declaratory Relief Pursuant to C.R.C.P. 57 and the Uniform Declaratory Judgments Law (“Complaint”). The purpose of the Complaint is to seek a declaration from this Court pursuant to C.R.C.P. 57 whether the Initiated Ordinance and Ballot Measure include administrative matters that are not subject to a citizen initiative under Article V, Sections 1(2) and 1(9) of the Colorado Constitution and Charter Article X, Section 1(a) and, more specifically, whether the provisions in the Initiated Ordinance and Ballot Measure requiring the City to “use best efforts in good faith to acquire the Hughes Stadium property” at “fair market value” to use “for parks, recreation and open lands, natural areas, and wildlife rescue and education” and to do so using certain funding sources and mechanisms, are administrative and not legislative matters and therefore not subject to an initiated ordinance. [See Complaint, ¶ 15]. 2. The next regular election of the City is on April 6, 2021. The City only has until February 16, 2021, for any revisions to be made to the Initiated Ordinance and Ballot Measure for those revisions to be made in time for presentation to the registered electors of the City at the April 6, 2021. [See Complaint, ¶ 61]. Accordingly, the City asks this Court to make its determination about the issues raised in the Complaint prior to February 16, 2021. 3. Pursuant to C.R.C.P. 57(m), this Court possesses the authority to order a speedy hearing and advance any such hearing on the Court’s calendar. See C.R.C.P. 57(m). “Under 3 C.R.C.P. 57(m), a court may order a speedy determination of an action for declaratory judgment and may advance it on the calendar. When a matter is expedited, case management provisions and rules governing discovery do not apply.” Keybank, Nat’l Assn. v. Mascarenas, 17 P.3d 209, 215 (Colo. App. 2000), overruled on other grounds by, West v. Roberts, 143 P.3d 1037, 1045 (Colo. 2006). “The primary purpose of the declaratory judgment procedure is to provide a speedy, inexpensive, and readily accessible means of determining actual controversies which depend on the validity or interpretation of some written instrument or law.” Toncray v. Dolan, 593 P.2d 956, 957 (Colo. 1979). 4. Here, due to the February 16, 2021, deadline for the City to make any changes to the Initiated Ordinance and Ballot Measure, expedited consideration of this matter is necessary and appropriate before this Court. 5. Accordingly, the City respectfully requests this Court to set an expedited status conference by telephone or video to allow this Court to set appropriate procedures for consideration of the Complaint on an expedited basis. The City believes this matter involves only questions of law and can be determined by this Court on expedited briefs submitted by the parties. However, the City also recognizes Defendants need to be heard on the issue of expedited proceedings and this Court will need to make a determination after its own review of the Complaint to determine how appropriately to proceed. 6. Pursuant to C.R.C.P. 121(1-15)(8), prior to filing the insant Motion, counsel for the Plaintiff conferred with counsel for the Defendants, Michael Foote, Esq. Mr. Foote indicated the Defendants do not object to this Motion. 4 WHEREFORE, for all of the foregoing reasons, Plaintiff City of Fort Collins, Colorado, respectfully requests this Court exercise its authority pursuant to C.R.C.P. 57(m) for a speedy consideration of this matter, set an expedited status conference by telephone or video to set appropriate procedures for consideration of the Complaint on an expedited basis, and for all other and further relief as this Court deems just and appropriate. Dated this 7th day of December, 2020. Respectfully submitted, /s/John R. Duval . John R. Duval #10185 Deputy City Attorney Carrie Daggett #23316 City Attorney City Attorney’s Office 300 Laporte Avenue P.O. Box 500 Fort Collins, Colorado 80522 970-416-2488 Fax: 970-221-6327 jduval@fcgov.com cdaggett@fcgov.com and 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 ATTORNEYS FOR PLAINTIFF THE CITY OF FORT COLLINS COLORADO