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violated its due process rights. They cited in their complaint <br /> Commissioner Donnelly's failure to recuse himself from the <br /> administrative proceedings despite recently receiving campaign <br /> contributions from Ready-Mix. NLGC also requested that the <br /> district court declare the provision facially unconstitutional. <br /> 4' 16 In its second claim, NLGC sought review of the Board's <br /> Findings under C.R.C.P. 106(a)(4). It argued that the Board abused <br /> its discretion because, among other things, it misapplied several of <br /> the special review criteria in Land Use Code section 4.5.3 and <br /> competent record evidence did not support its findings on those <br /> criteria. As relevant here, NLGC's argument rested, in part, on a <br /> contention that the concrete batch plant was not an allowable <br /> "accessory use" to the mining operation under the Land Use Code. <br /> 17 The Board and Ready-Mix filed a joint motion to dismiss <br /> NLGC's claims under C.R.C.P. 12(b)(1) and C.R.C.P. 12(b)(5). The <br /> court granted the motion in part and denied it in part on April 10, <br /> 2019. As to NLGC's first claim, it dismissed with prejudice NLGC's <br /> facial constitutional challenge to Larimer County Code section <br /> 2-67(10), but it found the as-applied challenge plausible enough to <br /> 9 <br />