HomeMy WebLinkAbout2017CV01 - HOFFMAN & HUNT V. CITY OF FORT COLLINS, ET AL - 007A - PROPOSED ORDER RE: PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT PURSUANT TO C.R.C.P. RULE 55 (A)FORT COLLINS MUNICIPAL COURT
215 N. Mason
Fort Collins, CO 80521 RECEIVED
Phone (970) 2216800 MAY 12 2017
Plaintiffs: Colleen Hoffman, Rick Hoffman, Ann Hunt
CITY ATTORNEY
V.
Defendant: THE CITY COUNCIL OF THE CITY OF FORT
COLLINS, the governing body of a Colorado municipal
corporation; and THE ADMINISTRATION BRANCH OF THE
CITY OF FORT COLLINS, by and through its City Manager, A COURT USE ONLY
Darin Atteberry.
Case Number:
Parties without attorney
Colleen Hoffman, pro se
1804 Wallenberg Drive
Fort Collins, CO 80526
(970) 484 8723
cohoff@comcast.net
Rick Hoffman, pro se
1804 Wallenberg
Fort Collins, CO 80526
(970) 484 5154
rick-hoffman@comcastnet
Ann Hunt, pro se
1800 Wallenberg Drive
Fort Collins, CO 80526
(970) 484 5242
2017 CIVIL 01
PROPOSED ORDER FOR ENTRY OF DEFAULT PURSUANT TO C.R.C.P. RULE 55(a)
Plaintiffs, Colleen Hoffman, Rick Hoffman and Ann Hunt submit this Proposed Order
for Entry of Default.
Upon consideration of the Plaintiffs' Motion For Entry For Default filed
with this court on May 12, 2017, this court hereby orders the Motion Granted and
instructs the Clerk to enter the Defendants' default.
In consideration of the claims for relief requested of this Court, the
following are hereby ordered:
The Defendant City Council of the City of Fort Collins shall, by Resolution
or other appropriate legislative action, nullify Resolution 2017-011 and adopt
findings of fact and law to effect, in totality, those claims- made by defendants upon
commencement of this matter by certified petition properly served upon
Defendants on March 206', 2017, to wit:
- Plaintiff's appeal was not without merit
- The Planning and Zoning Board abused its discretion by failing to
properly interpret the Land Use Code when applying Section 3.4.1 (E)
(2) (c) of the Land Use Code.
- The Planning and Zoning Board abused its discretion by failing to
properly interpret the Land Use Code when applying Section 3.4.1 of the
Land Use Code regarding determination of the compatibility of the
proposed Landmark expansion development with neighboring properties.
- The Planning and Zoning Board abused its discretion -by failing to
properly interpret the Land Use Code when applying 3.8.30 Multi
Family Dwelling Development Standards the Land Use Code.
- The Planning and Zoning Board had considered evidence that was
substantially false or grossly misleading by utilizing a flawed and
deficient Ecological Characterization Study (ECS) .
The Defendant Administrative Branch of the City of Fort Collins is ordered
to refrain from any administrative action that would further the construction of
improvements of the Landmark Expansion PDP.
So ordered on this
Muncipal Court Judge
day of 92017
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