NLG Litigation Update July 3, 2022

On June 16, 2022 Larimer District Court issued an Order (Doc-1) affirming the former Larimer Board of County Commissioners (Donnelly, Johnson and Dougherty) Findings and Resolutions approving the Loveland Ready Mix (LRM) pit and concrete plant project. The Board of No LaPorte Gravel (NLG) is very disappointed in the ruling. The Court dismissed NLG’s claims regarding the County’s inadequate plan for commercial mineral deposits, the project’s cumulative impacts, violation of the County noise ordinance and project compatibility. In January 2022 the Colorado Court of Appeals ruled against NLG (Doc-2) finding that although the former Board of County Commissioners misapplied the Larimer County Land Use Code, it “properly – albeit implicitly” approved the batch plant as an accessory use. The Board of NLG has decided not to appeal either of these rulings.

The District Court Order clearly shows that objections from the community, the evidence of environmental harm and the State and County regulations were secondary to LRM development objectives. The Court became quite candid regarding its light standard for evidence in support of the BOCC argument for compatibility in the Neighborhood Impact section of the Order where it presented the Court’s review of an LRM engineering consultant’s testimony. He thought that the project would “…comport with the neighborhood”. And that this testimony “… may be biased toward Loveland Ready Mix but it still constitutes evidence that supports the Board’s decision. And that’s all that matters under this light standard.” (see Footnote 7)

It has been more than 5 years since over 300 LaPorte Area citizens packed the Cache La Poudre Middle School gymnasium in such opposition to the project that LRM consultants could not proceed with their presentations. Concerned citizens continued to voice objections and present evidence of the harm the project would bring to the community at public meetings and through written communications with the County. But in the end, the Court ignored all of this in favor of the LRM development that will do nothing to benefit the people of LaPorte, the people who will now bear all the negative impacts.

The Board of NLG is grateful to all its supporters and sincerely regrets the outcome of our struggle.

No LaPorte Gravel Corp (NLG) is a non-profit organization. It is a group of LaPorte, Colorado, area residents that oppose the creation of any new or expansion of existing gravel pits, mines, or processing plants due to their destructive effects on our environment, health and quality of life.

NLG stopped the development and construction of a gravel mine and concrete batch plant for nearly 5 years, which will put the developer, Loveland Ready Mix (LRM), under more stringent environmental laws during their operation time frame.

We successfully managed and fundraised for a community-based legal opposition to the gravel mine and plant.

Our legal effort established new appeals court level precedent that campaign contributions to county commissioners are subject to conflict-of-interest considerations.

Due to the merits of our claim, the court concluded that we did not have to pay any litigation costs of LRM or the County.

We established that the LaPorte community will fight — tooth and nail — any development not in the community’s interest.