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~r i <br />stoners of Lhe County of Lorimer granted hurmission to <br />operate sand and uravcl c>:i.r,zct ion pi.t upon ']'hrce Bells <br />Ranch, but prohibited the maintenance anc~ operation o.f <br />nsph;,lt ~urc] concrulc• botch pl.uils and uuirle approval subject <br />to the cond.i.tion Chat Petitioner, at its c>;nense, install a <br />hard surface upon CounL-y marls to he used by the sand and <br />gravel operation, as shown by Findings and Resolution of the <br />Respondent the Board of County Commissioners of the County <br />of Lorimer, dated November 28, 1979, copy attached as Exhibit <br />"E" and incorporated by reference herein. <br />11. That the Findings and Resolution of Respondent <br />Board of County Commissioners of the County of Lorimer and <br />the Resolution of Respondent County Planning Commission of <br />Lorimer County recommending that all material be hauled to <br />the North and that county roads in the area he improved by <br />Petitioner were in excess of the jurisdiction of said Boards <br />and were an abuse of discretion and deprived Petitioner <br />of. its property without due process of law contrary to the <br />19th Amendment of the United States Constitution and Article II, <br />Sec. 25 of the Colorado Constitution for the follocaing <br />reasons: <br />A. The findings and decisions of the Boards were <br />not supported by substantial evidence. <br />B. The Board of County Commissioners arbitrarily <br />and capriciously and without justification or evidentiary <br />support ignored the favorable recommendations of Respondent <br />County Planning Commission of Lorimer County and the Town <br />Planning Commission of the Town of [Windsor. <br />C. The responsibility for surfacing County roads <br />is with the County of Lari.mer; the County has no authority <br />-3- <br /> <br />