Court Documents 00CV322 Order of Remand tothe Town Council of the Town of Vail for Findings of Fact and Conclusions of Law

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DISTRICT COURT EAGLE COUNTY, COLORADO 885 E. Chambers Road P.O. Box 595 Eagle, Colorado 81631 Petitioner: VILLAGE CENTER ASSOCIATION. Respondents: THE TOWN OF VAIL, COLORADO; THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO; DIANA DONOVAN; CHUCK OGILBY; KEVIN FOLEY; RODNEY SLIFER; GREG MOFFET; and SYBILL NAVAS, as present members of the Town Council of the Town of Vail, Colorado; and LUDWIG KURZ, as Mayor of the Town of Vail, Colorado and present member of the a COURT USE ONLY 6 Town Council of the Town of Vail, Colorado. Case Number: 00 CV 322 Div.: L ORDER OF REMAND TO THE TOWN COUNCIL OF THE TOWN OF VAIL FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER comes before the Court on C.R.C.P. 106(a)(4) review of The Town Council of the Town of Vail's ( "Town Council ") denial of Petitioner's appeal from the Planning and Environmental Commission's ( "PEC ") approval of the Town of Vail's application for approval of grading of Gore Creels. The Court has reviewed the opening brief, answer brief, reply brief and the record. The Town Code of Vail, Colorado ( "Code ") § 12- 3- 3(C)(5) provides as follows. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. No written findings of fact or conclusions of law were issued by the Town Council. The only reference to findings is in the transcript of the Town Council Work Session from June 13, 2000. The motion to deny the appeal included a statement that the motion was "subject to the filings or findings outline [sic] in staff memo." The only finding in the staff memo is the following.