HomeMy WebLinkAbout2023CV30659 - East Larimer County Water Dist. Et Al V. K & M Co., Et Al. - 007 - City's Motion EnlargementLarimer County, Colorado, District Court
Larimer County Justice Center
201 LaPorte Avenue, Suite 100
Fort Collins, Colorado 80521-2761
970.494.3500
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Petitioners: EAST LARIMER COUNTY WATER
DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado; and
NORTH WELD COUNTY WATER DISTRICT, a
quasi-municipal corporation and political subdivision
of the State of Colorado
v.
Respondents: K & M COMPANY, LLLP, a Colorado
limited liability limited partnership; BOXELDER
SANITATION DISTRICT; THE CITY OF FORT
COLLINS, a municipal corporation; ANADARKO
E&P ONSHORE LLC, a Delaware limited liability
company; ANADARKO LAND CORP., a Nebraska
corporation; POUDRE VALLEY RURAL
ELECTRIC ASSOCIATION, INC., a Colorado
cooperative association; and IRENE JOSEY in her
official capacity as the COUNTY TREASURER OF
LARIMER COUNTY, COLORADO
Case No. 2023CV30659
Courtroom 3B
Attorneys for City of Fort Collins
Ryan Malarky, #41577
FORT COLLINS CITY ATTORNEY’S OFFICE
300 Laporte Avenue
PO Box 500
Fort Collins, Colorado 80522
970.221.4328
rmalarky@fcgov.com
UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO
PETITION IN CONDEMNATION
DATE FILED: September 7, 2023 2:40 PM
FILING ID: 43F69C0214A43
CASE NUMBER: 2023CV30659
2
Respondent The City of Fort Collins (the “City”), by and through Assistant City Attorney
Ryan Malarky, hereby moves this Court for a one-week enlargement of time to file its response to
the Petition in Condemnation (the “Petition”). In support, the City states as follows:
C.R.C.P. 121 § 1-15(8) Certification
Undersigned counsel conferred with counsel for Petitioners regarding the relief requested
and is authorized to state that this Motion is unopposed.
Argument
1. Petitioners served the City with a summons and the Petition on August 18, 2023.
2. The City’s response to the Petition is due September 8, 2023. C.R.C.P. 12(a)(1).
3. Petitioners intend to use the easements sought to construct a water pipeline project,
which according to constructions plans, will cross a City-owned water pipeline that is critical to
City infrastructure that delivers water to one of the City’s largest water customers. The City staff
member with intimate knowledge of Petitioner’s project and its interrelation to the City waterline
is temporarily out of the office for medical reasons. The staff member’s assistance is necessary to
adequately examine the allegations in the Petition and to meaningfully respond to the Petition.
4. C.R.C.P. 6 provides for enlargements of time. For cause shown, the court may
enlarge the period of time for a party to act if a request is made before the expiration of the period
originally prescribed.
5. The relief requested herein is not intended to delay these proceedings, will not
prejudice any other party as this case is in its earliest stage, and will not impact discovery or trial
dates as none have been set.
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WHEREFORE, the City respectfully requests a one-week enlargement of time, up to and
including September 15, 2023, to file its response to the Petition.
Dated: September 7, 2023 Respectfully submitted:
s/ Ryan Malarky
Ryan Malarky
Attorney for City of Fort Collins
CERTIFICATE OF SERVICE
I hereby certify that on September 7, 2023, I filed the foregoing UNOPPOSED MOTION
FOR ENLARGEMENT OF TIME TO RESPOND TO PETITION IN CONDEMNATION via
CCE which will serve true and correct copies upon the following:
Timothy Goddard, timg@hfglawfirm.com
GODDARD LAW OFFICE PLLC
Attorney for Petitioners
Frank N. Haug, fhaug@larimer.org
LARIMER COUNTY ATTORNEY’S OFFICE
Attorney for Ireme Josey Larimer County Treasurer
Carrie Sue Bernstein, csb@ablawcolorado.com
Joshua Mangiagli, jtm@ablawcolorado.com
ALDERMAN BERNSTEIN
Attorneys for K & M Company LLP
Michael A. Westbrook, mike@starrwestbrook.com
STARR & WESTBROOK, P.C.
Attorney for Poudre Valley Rural Electric Association
s/ Briana McCarten