HomeMy WebLinkAbout2018CV2867 - FORT COLLINS MENNONITE FELLOWSHIP AND STEVE RAMER V. CITY OF FORT COLLINS, ET AL - 051 - STIPULATION OF HOLLIE JOHNSON TO BE BOUND BY JUDGMENT1745554.1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-02867-NYW
FORT COLLINS MENNONITE FELLOWSHIP, a Colorado nonprofit corporation, and
STEVE RAMER,
Plaintiffs,
v.
THE CITY OF FORT COLLINS, a home rule municipality,
THE CITY OF FORT COLLINS CITY COUNCIL, and
LAURIE DAVIS,
ROBERT DAVIS,
MARY RAY,
H. STUART MACMILLAN,
HOLLY JOHNSON,
LAURA PETRICK,
DAVE PETRICK,
KATHERINE ACOTT,
WALTER HICKMAN,
PATRICIA DIEHL,
LISA EATON,
FERAH AZIZ,
TARA MCCORMAC,
JENNIFER PETRIK,
PAMELA REFREM,
NICK MATTHEWS,
DENNIS BOOKSTABER,
BELL GOULD LINDER & SCOTT, P.C.
TOM HALL, and
STEVE ACKERMAN, in their individual capacities.
Defendants.
DEFENDANT HOLLIE JOHNSON’S STIPULATION TO BE BOUND BY
JUDGMENT ON PLAINTIFF’S CLAIM UNDER COLO. R. CIV. P. RULE 106(A)(4)
Plaintiffs Fort Collins Mennonite Fellowship, a Colorado nonprofit corporation (the
“Fellowship”), and Steve Ramer (“Ramer” and collectively with the Fellowship, “Plaintiffs”),
by and through their undersigned counsel, and Defendant Hollie Johnson (“Defendant”), hereby
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submit this Defendants’ Stipulation to be Bound by this Court’s Judgment on Plaintiffs’ Claim
Under C.R.C.P. Rule 106(a)(4) (this “Stipulation”), as follows:
1. Plaintiffs filed their Complaint and Request for Declaratory Judgment and
Injunctive Relief in this case on November 6, 2018 (the “Complaint”). The Complaint seeks,
among other things, certiorari review pursuant to Colo. R. Civ. P. Rule 106(a)(4) (“Rule
106(a)(4)”).
2. Defendant is an individual who resides at or owns real property located in the
vicinity of the Fellowship’s property at issue in this case. Due to a typographical error,
Defendant’s name is incorrectly spelled as “Holly” in the case caption.
3. Following the Fort Collins Planning and Zoning Board’s (the “PZB”) approval of
the Fellowship’s Minor Amendment Application at issue in this case, Defendant joined in an
Appeal of that approval (the “Appeal”) to the Fort Collins City Council (“City Council”).
4. City Council conducted a public hearing considering the Appeal on October 9,
2018. Defendant appeared in person at the October 9, 2018 City Council hearing in support of the
Appeal, and was deemed to be a “party-in-interest” for the Appeal.
5. An applicant for a land use decision, the issuance of which is challenged under Rule
106(a)(4), is an indispensable party to such an action. See Bd. of Cnty. Comm’rs v. Carter, 564
P.2d 421, 422 (Colo. 1977).
6. Because Defendant joined in the Appeal, appeared before City Council on October
9, 2018, and was deemed to be a “party-in-interest” by City Council, the Fellowship joined
Defendant as an indispensable party in its Second Claim for Relief under Rule 106(a)(4).
7. Defendant is not a party to any other claims in this action.
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8. Defendant understands that the City of Fort Collins and City Council are defending
against Plaintiffs’ 106(a)(4) claim, and Defendant does not wish to actively participate in this
action. Defendant agrees to be bound by any decision made by this Court related to that claim.
9. Plaintiffs acknowledge and agree that their Second Claim for Relief under Rule
106(a)(4) does not entitle plaintiff to seek any monetary damages against Defendant, including
pecuniary damages or attorneys’ fees.
10. Plaintiffs acknowledge and agree that this Stipulation, and any similar stipulation
entered into by other defendants, does not affect or hinder any party’s ability to appear and speak
at any public hearing before City Council.
WHEREFORE, Plaintiffs and Defendants respectfully request that this Court enter an
Order making this Stipulation an Order of the Court.
Respectfully submitted this 7th
day of February, 2019.
/s/David A. Brewster
Thomas Macdonald
Brian J. Connolly
David A. Brewster
Andrew L.W. Peters
Otten, Johnson, Robinson, Neff
& Ragonetti, P.C.
950 Seventeenth Street, Suite 1600
Denver, Colorado 80202
Telephone: 303 825 8400
Facsimile: 303 825 6525
E-mail: mac@ottenjohnson.com
E-mail: bconnolly@ottenjohnson.com
E-mail: dbrewster@ottenjohnson.com
E-mail: apeters@ottenjohnson.com
Attorneys for Plaintiffs FORT COLLINS
MENNONITE FELLOWSHIP and STEVE
RAMER
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CERTIFICATE OF SERVICE
I hereby certify that on this 7th
day of February, 2019, a true and correct copy of the
foregoing DEFENDANT HOLLIE JOHNSON’S STIPULATION TO BE BOUND BY
JUDGMENT ON PLAINTIFF’S CLAIM UNDER COLO. R. CIV. P. RULE 106(A)(4) was
electronically filed with the Clerk of Court using the CM/ECF system which will send notification
of such filing to the following email addresses:
Andrew D. Ringel
Hall & Evans, L.L.C.
1001 Seventeenth Street, Suite 300
Denver, CO 80202
ringela@hallevans.com
Attorney for Defendants The City of Fort
Collins and The City of Fort Collins City
Council
/s/ Margo Brown
Margo Brown
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