HomeMy WebLinkAbout2020CV30833 - CITY OF FORT COLLINS V. PLANNING ACTION TO TRANSFORM HUGHES STADIUM SUSTAINABLY CORP, ET. AL - 013L - EXHIBIT L TO PATHS MOTION
DISTRICT COURT, CITY AND COUNTY OF
LARIMER, COLORADO
Larimer County Justice Center
201 Laporte Avenue, Suite 100
Fort Collins, Colorado 80521
(970) 498-6100
▲COURT USE ONLY▲
PLAINTIFF: THE CITY OF FORT COLLINS,
COLORADO, a Colorado home rule city and municipal
corporation,
vs.
DEFENDANTS: PLANNING ACTION TO TRANSFORM
HUGHES 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
Case Number: 2020CV30833
Div.: 3B
[PROPOSED] ORDER ON DEFENDANT’S MOTION TO DISMISS COMPLAINT
FOR DECLARATORY RELIEF PURSUANT TO C.R.C.P. 12(B)(6)
This matter comes before the Court on Defendant’s Motion to Dismiss Complaint For
Declaratory Judgment Pursuant to C.R.C.P. 12(b)(6). The Court has reviewed the Motion, the
related briefing, and being fully advised in the matter enters the following order:
1. For the reasons stated in the Motion, the Court finds the Plaintiff failed to join Colorado
State University, an indispensable party.
2. The Plaintiff has not cured the defect in the Complaint by joining the indispensable party.
3. THEREFORE, THE MOTION IS HEARBY GRANTED and Plaintiff’s Complaint for
Declaratory Relief is HEREBY DISMISSED.
Entered this ___ day of _____________, 20___
BY THE COURT
_________________________
District Court Judge