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ORDER GRANTING RESPONDENTS’ MOTION TO DISMISS

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View Court Order Finding in Erie’s Favor at Nine Mile


In response to questions about Boulder County Court’s decision granting Erie’s Motion to Dismiss Lafayette’s lawsuit at Nine Mile Corner, we thought we’d share the following information related to the Hearing and the Judge’s Order.


The Order Granting Respondent’s Motion to Dismiss is 15 pages and is generally divided into 5 categories: Background; Applicable Law; Factual Findings; Analysis and Order and Conclusion.


BACKGROUND – Summary
The City of Lafayette (“Petitioner” or “Lafayette”) filed a Petition in Condemnation on July 14, 2016 pursuant to §38-1-101, C.R.S., et seq and Article XX Sections 1 and 6 of the Colorado Constitution. The property at issue is within the municipal boundaries of the Town of Erie (“Erie”). Erie and Town of Erie Urban Renewal Authority (TOEURA), (collectively “Respondents”), request that the court find Petitioner does not have a proper public purpose in its efforts to condemn Respondents’ property and that, as a result, the Court lacks jurisdiction to proceed. The motion before the Court is a Motion to Dismiss pursuant to C.R.C.P. 12(b)(1), filed September 12, 2016. Prior to a hearing on immediate possession, the Court directed that Respondents’ Motion to Dismiss be resolved.

APPLICABLE LAW – Summary
Title 38 further provides: “In order that each local government and the state enjoy the greatest flexibility with respect to the planning and development of land within its territorial boundaries, it is necessary that the powers of a home rule or statutory municipality to acquire by condemnation property outside of its territorial boundaries be limited to the narrowest extent permitted by article XX of the state constitution.” 38-1-101(4)(a)(II), C.R.S.

CONCLUSION
“Based on the discussion set forth above, the Court finds that Lafayette does not have a public purpose in bringing the Petition in condemnation. The articulated need of acquiring open space for the purpose of creating a community buffer between Lafayette and Erie is inconsistent with Lafayette’s actions in development the Hwy. 287 corridor. Instead, Lafayette’s actions are more closely aligned with a previously articulated goal to ensure that Erie does engage in commercial development on Nine Mile Corner.”
“As there is no true public purpose found by the Court, it GRANTS Respondents’ Motion to Dismiss the Petition in Condemnation.”


View the complete Order here.

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