PERMFILE59292

• Permit No: M1986165
• IBM Index Class Name: Permit File
• Doc Date: 5/11/1987
• Doc Name: SANDCO APPLICATION FOR WILLOW BEND SAND PIT M-86-165
• From: DUNCAN DICKINSON & MERSON PC
• To: MLRB
• Media Type: D
• Archive: No

16. Ilotwithstanding the e::istence of such bias; the Defen-
dant Board of County Commtissioner.^, authorized and instructed }1r.
Knowlton to continue iris discretionary role with re pect to the
land use application of Defendant John Dillon.
17. Such continued participation by 11r. Knowlton constitutes
a violation of the due process rights of Plaintiffs.
T}IIP.D CLAII"1 FOR RELIEF UNDEP. C.R.C.P. 57
18. The averments of ynr.agraphs 1 through 17 are incorpor-
ated herein by reference.
19. PLaintiffs Deadericl: and Simmons made bo 1t oral and
written requests t'o accompa.nv the llefendattt Boar of County
Commissioners on a proposed site visit. Plaintiffs eadericic and
Simmons further made written reclttest to be advised o', and to be
allowed to participate itt, any and all meetings, whet er formal or
informal, of the Boetrd of County Cutmnissioners or any County staff
regarding discussion and review of the Application frith is t}te
subject of this action.
20. Plaintiffs Deaderick and Simmons were not notified of
the time of the County Comtnissiotters' site vi.^, t, and the
Defendant Aoard of County Commissioners deliberat ly excluded
Plaintiffs Deaderick and Simmons therefrom.
21. Upon information and belief, between Febru ry 6, 1987,
and February 17, 1987, the Defendant Roard of County ommissioners
and/or its employees held certain mceti.ngs and discussion: with
respect to the project which is the subject- oL Chi action, of
which meetings and discussions Plaintiffs Deaderick and Siuunorts
were give no notice and in which Deaderick and Simnorts were not
allowed to participate.
22. 1'lte site visit, and the outer meetings an discussions
as alleged, tuere public meetings pursuant to the rovisions of
§29-9-101, C.R.S., from which Plaintiffs could not lawfully be
excluded.
23. Upon information and belief, in Otte or
private meetings, the Defendant L'oard of County
reached a decision with respect to the land use pro.
the subject of this action, which decision was
stamped by vote at a public meeting on or about Marc
embodied in the written decision in Resolution 1987-2
24. Stich denial
meetings constitutes a
tiffs, and the mal<inp,
decision to be "rubber
the action taken by t
1987-23 null and void
of §29-9-101(2).
of opportunity to participal
denial of the due process rigl
of a decision in privates meeti
stamped" at. a later public mee
he County and the provisions ~
in their entirety pursuant to t
tore of said
;onunissioners
ect which is
=hen "rubber
i 3, 1987, as
e. in public
is of Plain-
g, with said
i.np;, renders
f Resolution
e provisiurts
-~-