HomeMy WebLinkAbout2018CV01 - SUTHERLAND V. CITY OF FORT COLLINS, ET AL - 019 - ORDER SETTING SCHEDULE FOR CERTIFICATION AND FILING OF BRIEFSFort Collins Municipal Court,
Larimer County, Colorado
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Court Address: 215 N. Mason St., 1 st floor
P.O. Box 580
Fort Collins, CO 80522
® COURT USE ONLY
Court Phone: 970-221-6800
Civil Case No.: 2018-CIVIL-01
PLAINTIFFS: ERIC SUTHERLAND; and BRIAN DWYER
V.
DEFENDANTS: 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, Darin Atteberry
Intervenor: Next Chapter Properties, LLC, an Illinois
limited liability company
ORDER SETTING SCHEDULE FOR CERTIFICATION AND FILING OF RECORD AND
FOR FILING OF BRIEFS
This matter is before the Court on a motion from Intervenor Next Chapter Properties, LLC
to expedite the briefing schedule. The Court agrees a briefing schedule should be set. However,
the Court notes that its review pursuant to C.R.C.P. 106(a)(4) is not de novo but "shall be
limited to a determination of whether the body [the Fort Collins City Council] has exceeded its
jurisdiction or abused its discretion, based on the evidence in the record before the defendant
body..." C.R.C.P. 106(a)(4)(1). To date, while all parties' pleadings have referred to "the
record" and to "the transcript," no such record or transcript of the proceedings before either the
Planning and Zoning Board or the City Council concerning the Johnson Drive Apartments
Project Development Plan, PDP #170034, has been certified or otherwise presented to the Court
for its review.
Therefore, pursuant to C.R.C.P. 106(a)(4)(VIII), the Court hereby ORDERS as follows:
a. All parties shall certify and file with the Court and to all other parties those portions of
the record concerning PDP#170034 that they wish the Court to review no later than
Tuesday, July 31, 2018;
b. Plaintiffs' opening brief shall be filed no later than August 21, 2018;
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