HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 053 - ORDER GRANTING PRELIMINARY INJUNCTION2639164.2
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 PRELIMINARY INJUNCTION
THIS MATTER comes before the Court on the parties' STIPULATED MOTION FOR
ENTRY OF PRELIMINARY INJUNCTION ("Motion"). The Court, having reviewed the
Motion, and being fully informed in the premises, hereby GRANTS the Motion and ORDERS
as follows:
PURSUANT TO THE AGREEMENT OF THE PARTIES, THE COURT ORDERS
that Defendant is enjoined, at all times on all days, from interfering with Plaintiffs' rights under
the January 15, 1991 Deed of Easement ("Deed of Easement"), including but not limited to,
enjoining Defendant from: (1) interfering with any person using the easement conveyed by the
Deed of Easement (the "Easement") to access the Poudre Fire Authority's training center; (2)
placing anything whatsoever within the Easement (Defendant is allowed to use his property
within the Easement as long he does not interfere with the use of the use of the Easement); (3)
DATE FILED: June 27, 2017 7:43 PM
FILING ID: B7D41C7F94658
CASE NUMBER: 2016CV31096
2
2639164.2
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; and (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 Defendant 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
Preliminary Injunction Order shall be effective immediately, shall supersede the Temporary
Restraining Order dated June 8, 2017 and shall continue until such time as the Court issues a
final judgment on the merits of all of Plaintiffs' claims in this action or until the Court orders
otherwise. The hearing set for June 28, 2018 is hereby vacated.
SO ENTERED this ____ day of ________________, 2017.
BY THE COURT:
District Court Judge