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!