HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 030Y - PROPOSED ORDERDISTRICT COURT, LARIMER COUNTY, COLORADO
Court Address: 201 La Porte Avenue
Fort Collins, CO 80521
Phone Number: (970) 494-3500
▲COURT USE ONLY▲
Plaintiff: ERIC SUTHERLAND, pro se
v.
Defendants: THE CITY OF FORT COLLINS, a home rule
municipality in the State of Colorado; STEVE MILLER, in his
capacity as the Larimer County Assessor and all successors in
this office; IRENE JOSEY, in her capacity as the Larimer
County Treasurer and all successors to this office; and
Indispensable Parties: THE TIMNATH DEVELOPMENT
AUTHORITY, an Urban Renewal Authority; and COMPASS
MORTGAGE CORPORATION, an Alabama company doing
business in Colorado.
Attorneys for Defendant City of Fort Collins:
John W. Mill (#22348)
Amanda Levin Milgrom (#47871)
Sherman & Howard L.L.C.
633 17th Street, Suite 3000
Denver, CO 80202
Phone Number: (303) 297-2900
Email: jmill@shermanhoward.com
amilgrom@shermanhoward.com
Case No.: 2018CV149
Courtroom/Division: 3C
ORDER GRANTING MOTION TO DISMISS OF THE CITY OF FORT COLLINS
THIS MATTER is before the Court on the Motion to Dismiss of the City of Fort Collins
(“the Motion”). The Court, having reviewed the Motion and being otherwise advised in the
premises, hereby makes the following orders:
1. The Motion is GRANTED; and
DATE FILED: July 18, 2018 8:12 PM
FILING ID: BF0E70FBC34B1
CASE NUMBER: 2018CV149
2
48707769.4
2. All claims by Plaintiff Mr. Eric Sutherland against The City of Fort Collins
(Claims 12-19 in Plaintiff’s Complaint) shall be and are hereby dismissed with prejudice
pursuant to C.R.C.P. 12(b)(1) for lack of standing, based on C.R.S. § 11-57-210 because the
2018 Bonds have been delivered for value and pursuant to C.R.C.P. 12(b)(5) for failure to state a
claim upon which relief may be granted.
3. The Court previously entered its Order Granting Defendants Timnath
Development Authority and Compass Mortgage Corporation’s Joint Motion to Dismiss (July 11,
2018) (dismissing claims 1-11 in Plaintiff’s Complaint). Therefore, this Order disposes of all
remaining claims of Plaintiff and the Complaint has been dismissed in its entirety.
IT IS SO ORDERED.
Issue Date: _____________________
__________________________________________
THE HONORABLE GREGORY M. LAMMONS
District Court Judge