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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