HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 043 - TEMPORARY RESTRAINING ORDER2632979.1
DISTRICT COURT, LARIMER COUNTY, COLORADO
Larimer County Justice Center
201 La Porte Avenue
Suite 100
Fort Collins, CO 80521
970-494-3500
▲ COURT USE ONLY ▲
Plaintiff:
CITY OF FORT COLLINS, a Colorado municipal
corporation; and POUDRE FIRE AUTHORITY, a Colorado
public entity,
v.
Defendant:
KEITH GILMARTIN, an individual.
Case No.: 16CV31096
Div.: Ctrm: 3C
ORDER GRANTING TEMPORARY RESTRAINING ORDER
THIS MATTER comes before the Court on Plaintiffs' Motion for Temporary Restraining
Order and Preliminary Injunction ("Motion"). A hearing was held on the Motion's request for
temporary restraining order at 9 a.m., June 8, 2017. The Court, having reviewed the Motion's
request for a temporary restraining order, having considered testimony, evidence, and argument
presented at hearing, and being fully informed in the premises, hereby finds that:
1. Plaintiffs have standing to seek a temporary restraining order.
2. Defendant received notice of Plaintiffs' Motion.
3. Plaintiff Poudre Fire Authority (the "Authority") operates a Training Center
located at 3400 West Vine Drive in Fort Collins, Colorado ("Training Center"). On January 15,
DATE FILED: June 8, 2017 9:45 AM
CASE NUMBER: 2016CV31096
2
2632979.1
1991, Defendant and his parents, in exchange for the sum of $4,669.00, granted, sold, and
conveyed to the City and its successors and assigns an easement (the "Easement") described as
follows:
a perpetual easement and right-of-way to install, operate, maintain, repair,
reconstruct, replace, inspect and remove, at any time and from time to
time public improvements (including without limitation, street, utilities,
sidewalk and drainage), together with a right-of-way for access on, along,
through and under the [Gilmartin Property].
4. There is an immediate threat of irreparable harm to Plaintiffs and the general
public absent a temporary restraining order because Defendant has repeatedly interfered with
persons using the Easement in a hostile and dangerous manner, even after this litigation was
commenced.
5. The threat of irreparable harm is exacerbated by the fact that the Authority is
hosting a family night for the Authority's staff and family members on June 9, 2017. All of the
attendees will need to cross the Easement from West Vine Drive to the Training Center, and
Defendant's actions in interfering with the Easement threatens the attendees' physical safety.
6. Absent an order enjoining Defendant from interfering with the use of the
Easement, Defendant's actions pose a significant risk to the health, safety, and welfare of the
general public.
7. A temporary restraining order will maintain the status quo between the parties
while the Court has an opportunity to hold a hearing on Plaintiff's Motion for Preliminary
Injunction.
THE COURT hereby GRANTS the Motion for Temporary Restraining Order and
ORDERS that Defendant is enjoined, at all times on all days, from interfering with Plaintiffs'
3
2632979.1
rights under the Deed of Easement, including but not limited to, enjoining Defendant from: (1)
interfering with any person using the Easement to access the Training Center; (2) placing
anything whatsoever within the Easement (Mr. Gilmartin is allowed to use his property within
the easement as long he does interfere with the use of the use of the easement); (3) placing any
sign, barrier or other object that interferes with the use and enjoyment of the Easement; (4)
engaging in threatening, intimidating or harassing behavior directed at people using the
easement, such as shouting, cursing or making threatening gestures; (5) encouraging, inciting, or
securing other persons to interfere with Plaintiffs' rights under the Deed of Easement;
PURSUANT TO THE AGREEMENT OF THE PARTIES THE COURT ALSO
ORDERS that any communications from Mr. Gilmartin with plaintiffs related to this action,
except in the event of an emergency, shall be directed to counsel of record;
THE COURT FURTHER ORDERS that no security is necessary and that this Temporary
Restraining Order shall be effective immediately and shall continue until such time as the Court
rules on Plaintiffs' Motion for Preliminary Injunction or until the Court orders otherwise
PROVIDED HOWEVER, that this order shall expire after 14 days unless plaintiffs have
scheduled a hearing in Division 3C of this Court within that time.
SO ENTERED this 8th day of June, 2017.
BY THE COURT:
District Court Judge