Litigation Update January 19, 2022

The Colorado Court of Appeals returned a judgement on the appeals filed by both NLG and LRM in December. Both parties filed appeals in fall of 2019, one addressing Commissioner Donnelly’s campaign contributions and the other the District Court’s ruling about the batch plant as an accessory use. In a setback to NLG and citizens of LaPorte, the Court of Appeals ruled that Commissioner Donnelly’s participation in the case did not violate due process, and that the Larimer County Board of Commissioners were correct in making an implicit conclusion that the batch plant is an accessory use.

Now, the case will return to the District Court for a ruling on the other NLG arguments, which include our assertion that the gravel pit is not compatible and in harmony with the community, that noise will exceed existing regulations, and that the Larimer County master plan for mining fails to meet state requirements.

We were disappointed that the Appeals Court opinion failed to address important legal aspects of our case, and that the opinion cited, as supporting evidence, testimony that we explicitly refuted in the official record. While this ruling is clearly a setback, the fight is not over. We are refocusing on the remaining issues and further exploring options. We continue to pursue our legal battle in the District Court and NLG needs financial support for our attorney and court costs. We encourage you to contribute to this on-going battle by visiting and contributing via the NoLaPorteGravel.org web page or the GoFundMe web site, #LaPorteFightsBack, or send checks to No LaPorte Gravel, Corp., P.O. Box 59, LaPorte, CO 80535.

No LaPorte Gravel (NLG) Litigation Update – June 16, 2021

In a recent development, on May 6, 2021, the State Appellate Court (AC) dismissed the Stroh pit appeal on a technicality (the AC won’t rule on a case piecemeal) and sent the case back to the District Court (DC) for rulings on all aspects of the case before the appeal can move forward in AC. TAASQ sees this as a win. The Thompson Area Against Stroh Quarry (TAASQ) has had a very similar appeal before the AC at the same time as the NLG appeal. The TAASQ appeal concerns the proposed Stroh pit near the Big Thompson River in Johnstown. This appeal is a little ahead of NLG in the courts, and it also concerns due process, large campaign contributions to former Commissioner Donnelly from project proponents, as well as compatibility issues around gravel mining and residential developments.

 

Our legal battles have now been underway for more than two years, please see the No Laporte Gravel web site (nolaportegravel.org, “learn more” tab) for a detailed timeline. It shows we contested the State mining permit in February 2018, followed by the Planning Commission deliberations and the Commissioner’s hearings. We began appealing the approval of the Use by Special Review permit by the former Commissioners in November 2018. For almost a year now we have waiting for the AC to rule on 2 appeals, one from NLG and a cross appeal from Larimer County and Loveland Read Mix (LRM). NLG is appealing the District Court (DC) finding on due process and actions by former Commissioner Donnelly concerning appearance of bias and inappropriate campaign contributions. Larimer county and LRM are appealing the DC findings on issues surrounding compatibility and approval of a concrete batch plant as an accessory to mining.

 

While there is no guarantee that the AC will make the same ruling in the NLG case as the TAASQ case, it is a strong possibility given the similarity in the complaints filed in DC. And this could be a win for NLG given the strength of the compatibility arguments which include: allowing the batch plant as an accessory use rather than zoned industrial, potential violation of the residential noise ordinance, and failure to comply with State law requiring adoption of a compliant mining master plan. Fortunately, the NLG complaints have already been briefed but revisions will be needed for the AC. This could be a long process but protecting our small community is worth the effort. The LaPorte community has persevered in the fight for over 4 years and If you are able, please contribute the NLG legal defense fund through Go Fund Me (#LaPorteFightsBack), the NLG web site (noLaPorteGravel.org), send checks to No LaPorte Gravel, P.O. Box 59, LaPorte, CO 80535 or drop into Stained Glass Supply of Northern Colorado, North Overland Trail, LaPorte.

No Laporte Gravel Litigation Update March 20, 2021

The No LaPorte Gravel is still in litigation with Loveland Ready Mix (LRM) and Larimer County and cases are under review by the Colorado State Court of Appeals. We’re waiting for the court to rule on the NLG appeal of the District Court finding that Commissioner Donnelly did not need to recuse himself due to inappropriate campaign contributions. The State Appeals Court will also rule on the appeal by Larimer County and LRM on the finding that Larimer County failed to adequately document the acceptability of the batch plant as an accessory to gravel mining in the Findings and Resolutions.

This has been a long journey. The District Court stopped the gravel pit project and sent the application back to the Board of County Commissioners in June 2020. In July, NLG appealed the District Court ruling about Donnelley’s campaign contributions, and the appeal proceeded until the final legal documents were submitted to the State Court of Appeals February 5, 2021. Simultaneously, LRM and Larimer County submitted appeals essentially based on a technicality. Both of these appeals are actually separate from most of NLG’s original arguments. Most of NLG’s substantive arguments have not been ruled on by the District Court and they can be raised if needed.

Our legal suit has now been underway for more than two years, with many twists and turns. A detailed timeline can be found on the No Laporte Gravel web site (nolaportegravel.org, see the “Learn More” tab). We successfully halted the gravel pit. But we’re not done yet. If you are in a position to contribute to the NLG legal defense fund, your contribution will be used to support our effective and successful campaign to protect LaPorte from an inappropriate gravel pit. Thank you.

 

The LaPorte community needs to communicate with our new BOCC about the potential impacts to our community. We strongly encourage you to call or write to the Larimer Board of County Commissioners

Talking points:
1. Ask them not to rely on the newly appointed County Attorney for information.

2. Let them know what happened at the hearings, where 95% of the attendees and comments opposed the mine.

3. The proposed batch plant was approved on land not zoned for industrial use, allowed to begin operations at 5:30 and illegally granted the rights to operate in-perpetuity.

4. Mining was approved to take place only 100 feet from residential neighbors, and allowed to exceed industrial noise limits within residential properties.

And, importantly, please contribute to the NLG legal defense fund (#LaporteFightsBack). Our legal challenges have been sustained and expensive – we need your continued support!

Other ways to contribute include check or cash dropped off at the Stained Glass Shop on Overland Trail, or by mailing a check to No Laporte Gravel, PO BOX 59, Laporte, Colorado 80535. Thank you!

JUNE 2020 UPDATE

Following compelling written and oral arguments presented by NLG Attorney John Barth, Judge Villesenor ruled in favor of No LaPorte Gravel on June 8. The Court ruled in our favor for two specific situations, and did not address our other contentions. Judgements in our favor were (1) that the Larimer County Board of Commissioners abused its discretion by not explicitly considering the batch plant as an allowable “accessory use” under section 4.3 of the land use code, and (2) that the Board of County Commissioners inappropriately concluded that LRM met all applicable requirements of the County Land Use Code.

 

WE WON THIS ROUND WITH YOUR SUPPORT!!  WE NEED YOUR CONTINUED SUPPORT to keep fighting this battle as we still have unmet legal expenses and we are likely to incur more. This is a legal battle, so it’s probably not over. LRM will likely appeal this ruling, but our other arguments still stand.

 

Opinion and Order Reversing Agency Decision READ HERE

 

UPDATE ON LAPORTE’S FIGHT AGAINST THE PROPOSED LRM PIT

December 11, 2019

The LaPorte community’s case against Loveland Ready Mix and Larimer County moves forward. At a case management hearing this week, the court allowed LRM and the County to conduct discovery on evidence of bias by Commissioner Donnelly in the Use by Special Review decision. As part of the discovery process NLG will be required to attend a limited number of depositions. The depositions will be costly but when the discovery stage is complete, and the motions have been updated, the Court will likely make a ruling on the merits of our challenge to the use by special review permit.

 

 

 

 

#LaporteFightsBack Update:

No Laporte Gravel continues to fight back with our appeal in district court to stop the Loveland Ready Mix (LRM) gravel pit and concrete plant in LaPorte, Colorado.

 

The case judge just passed down a ruling to proceed with the opening briefing. This briefing will contain the detailed legal arguments for all the complaints. It is due at the end of July.

 

While we may seem quiet, we are not. We continue to be actively engaged in efforts to stop LRM. Currently, we are reviewing the 6,000 pages of Administrative Record that we needed to purchase from the County for this case.

 

We greatly appreciate your continued support through your donations and your efforts to get the word out. Together we can win.