HomeMy WebLinkAbout2021CV30425 - Save The Poudre And No Pipe Dream Coporation V. Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, The City Of Fort Collins - 017 - Motion To Prepare And Certify Administrative Record
Larimer County District Court
201 La Porte Ave, Suite 100
Fort Collins, CO 80521
SAVE THE POUDRE, and
NO PIPE DREAM CORPORATION
Plaintiffs
v.
NORTHERN COLORADO WATER CONSERVANCY
DISTRICT,
NORTHERN INTEGRATED SUPPLY PROJECT WATER
ACTIVITY ENTERPRISE,
THE CITY OF FORT COLLINS, a Colorado home rule city
and municipal corporation,
Defendants.
COURT USE ONLY
John M. Barth, Attorney at Law
P.O. Box 409
Hygiene, CO 80533
(303) 774-8868 (fax and phone)
barthlawoffice@gmail.com
Counsel for Save the Poudre and No Pipe Dream Corp.
Case Number
2021CV030425
Division 5B
________________________________________________________________________
MOTION TO PREPARE AND CERTIFY THE ADMINISTRATIVE
RECORD
________________________________________________________________________
Pursuant to Colo.R.Civ.Pro. 106 (a)(4)(III), Plaintiffs move this Court for an
Order directing Defendant Northern Colorado Water Conservancy District (“District”) to
prepare and certify the administrative record pertaining to its actions of August 12, 2021
and adoption of Resolution D-1367-08-21. Plaintiffs request that the Court order the
DATE FILED: August 31, 2021 10:43 AM
FILING ID: B7801230FFEDF
CASE NUMBER: 2021CV30425
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District to include in a certified administrative record documents that include, but are not
limited to he following:
a. a copy of the Enterprise’s SPAR land use application filed with the City of
Fort Collins;
b. a copy of all relevant provisions of the City’s Land Use Code pertaining to
SPAR applications and any relevant definitional terms;
c. a copy of the City’s denial of the Enterprise’s SPAR permit application.
d. the administrative record from the City’s Planning & Zoning Commission
related to the Enterprise’s SPAR permit application;
e. the administrative record for the District’s August 12, 2021 overturn
proceeding;
f. Resolution D-1367-08-21;
g. a complete transcript of the District’s August 12, 2021 overturn
proceeding related to the Enterprise’s SPAR application denial by the City and
Resolution D-1367-08-21.
h. a copy of any procedural regulations that apply to overturn proceedings
under C.R.S. §31-23-209 that were adopted by the District prior to the August 12, 2021
overturn proceeding. If no such regulations exist, the District shall state as such in its
certification.
i. a copy of any substantive regulations containing standards and/or criteria
to be applied by the District Board in an overturn hearing under C.R.S. §31-23-209 that
were adopted by the District prior to the August 12, 2021 overturn proceeding. If no such
regulations exist, the District shall state as such in its certification.
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j. a copy of any public notice published in a newspaper of local circulation
in the City of Fort Collins regarding the District’s August 12, 2021 overturn proceeding.
k. Ay other document considered by the District Board in its actions of
August 12, 2021 related to C.R.S. §31-23-209.
A proposed order is being filed with this Motion.
Respectfully submitted this 31st day of August 2021.
/s/ John M. Barth
John M. Barth
Attorney at Law
P.O. Box 409
Hygiene, CO 80533
barthlawoffice@gmail.com
303-774-8868 telephone and fax
Counsel for Plaintiffs
CERTIFICATE OF DELIVERY
I hereby certify that on this 31st day of August 2021, a true and correct copy of
the foregoing Motion to Prepare and Certify Administrative was filed via Colorado
Courts E-filing System and was served by email to Defendants’ legal counsel.
DEFENDANTS CITY OF FORT COLLINS AND PAUL SIZEMORE
jduval@fcgov.com
John Duval
Deputy City Attorney, City of Fort Collins
Marni Nathan Kloster
Nick Poppe
Nathan Dumm & Mayer P.C.
MNathan@ndm-law.com
NPoppe@ndm-law.com
DEFENDANTS DISTRICT and ENTERPRISE- TROUT and RALEY
braley@troutlaw.com
Bennett Raley
pmontano@troutlaw.com
Peggy Montaño
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dwert@troutlaw.com
Davis Wert
mkruse@troutlaw.com
Mirko Kruse
(This motion was also personally served with the summons and complaint on Defendant
Northern Colorado Water Conservancy District)
/s/ John M. Barth
John M. Barth