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PERMFILE105571
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PERMFILE105571
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Entry Properties
Last modified
8/24/2016 9:58:30 PM
Creation date
11/24/2007 12:33:14 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
11/21/2005
Doc Name
Exhibits 51-61
From
City of Black Hawk
To
DMG
Media Type
D
Archive
No
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Defendants do not challenge the sufficiency of the Court's factual determinations which <br />established the factual predicate for concluding that Defendants were in violation of the Gilpin <br />County Zoning Resolution. In any event, this Court, as the rEViewing Court, must give deference to <br />the trial Court's findings insofar as the merits of this litigation, so long as there is evidence in the <br />record to support the Court's finding. The standazd for Defendant-Appellant review of factual <br />determinations by the trial (County) court is a "highly differential, cleazly erroneous standazd." <br />Miller v. Campbell, 971 P2d 261 (Colo. Appeals, 1998). On review of a County Court decision, the <br />District Court is bound by the findings of the trial (County) Court. People v. Brown, 485 P2d 500 <br />(1971). <br />The Defendants instead challenge the County Court's subject matter jurisdiction. This action <br />was brought under §30-28-124.5 C.R.S.. The statute is entitled "County Court Actions for Civil <br />Penalties for Zoning Violations." Under this statute, any person violating any zoning resolution <br />enacted or adopted by a Boazd ofCounty Commissioners, may be subject to the imposition by order <br />ojthe County Court, of a civil penalty of no less than that $250.00 and no more than $500.00 per <br />violation. The zoning resolution enacted by the Board of County Commissioners, which includes <br />the requirement of obtaining a building permit, is attached to the Complaint and is part of the record <br />in this case. §30-28-134.5 C.R.S. clearly vests the County Court with jurisdiction over the subject <br />matter of this civil action. <br />diem penalties of $100.00 per day and ($50.00 per violation) until the required permits were obtained. To the date <br />of filing of this brief, no building permits have been obtained by the Defendant. The Defendants apparently believe <br />that not only does the County Court lack jurisdiction over them, but that the County also lacks jurisdiction over the <br />Defendants for any regulatory purposes, which implicate the public health, safety and welfare. This jurisdictional <br />argument is undercut by the precedent which [hey cite - "Where ...one devotes his property [o a use in which the <br />public has an interest (i.e. safe residential construction) ... he must submit to be controlled by the public for the <br />common good, to [he extent of the interest he has thus created. He Wray withdraw ibis grant by discontinuing the <br />use, bu! so long ns he mnintnins the use, he imrst submit to the control. Munn v. Illinois, 94 US 1 l3 (1876). <br />
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