CLR-34 Neighborhoods Association

Citizens working for responsible development

CLR-34 is a not-for-profit organization formed to compile and share information to promote responsible development of property around US Highway 34 (US34) and Weld County Road 13 (WCR13)/Larimer County Road 1.


Section 106 Appeal -- Martin Marietta Materials USR (USR15-0027)

After the Weld County Board of County Commissioners approved the Martin Marietta Materials aggregate processing facility adjacent to the Indianhead Estates neighborhood and Motherlove Organic Farm, a representative group of nearby residents and businesses filed an appeal under what is known as Section 106. Generally, there are three steps to the appeal process:

1.  Plaintiffs Opening Brief is filed.
2.  Defendants (in this case, both Weld County and Martin Marietta Materials) file their Answer Briefs
3.  Plaintiffs file their Reply Brief

Please follow the links below to review the briefs in this appeal:

Plaintiffs' Opening Brief
Defendant Weld County Answer Brief
Defendants Martin Marietta Materials and Gerrard Construction Answer Brief
Plaintiffs' Reply Brief
Exhibit A (Original Gerrard Construction USR) 
On August 9, 2016, the judge issued an Order of Remand in which he ordered the Weld County Board of County Commissioners to make additional findings of fact within 63 days to support its approval of Martin Marietta Materials' USR application.
Weld County submitted an amended resolution on October 3, 2016. The plaintiffs requested an opportunity to submit a supplemental brief. Weld County and Martin Marietta Materials filed responses to the plaintiffs' brief, and the plaintiffs submitted a final reply. Please follow the links below to read these briefs:
Weld County Amended Resolution
Plaintiffs' Supplemental Brief
Weld County's Response Brief
Martin Marietta Materials' Response Brief
Plaintiffs' Final Reply Brief
On January 27, 2017, the judge ruled against the plaintiffs. See the judge's order here.
The Plaintiffs filed a Notice of Appeal with the Colorado Court of Appeals on March 15, 2017. The opening brief was submitted on May 26, 2017. Weld County filed an answer brief at the end of June 2017. Martin Marietta also filed an answer brief. The plaintiffs filed a reply brief on July 20, 2017. Oral argument took place on November 7, 2017 at 1:30 PM in the Court of Appeals Courtroom (2 E. 14th Avenue, 3rd Floor, Denver, CO).
In a decision entered on November 22, 2017, the Colorado Court of Appeals reversed the Weld County Commissioners' decision to approve the Martin Marietta aggregate processing facility. Weld County filed a Petition for Rehearing on December 6, 2017. Martin Marietta also filed a Petition for Rehearing. The plaintiffs submitted a response brief on January 23, 2018. On March 15, 2018, the petition for rehearing was denied.
Weld County and Martin Marietta decided not to file an appeal with the Colorado Supreme Court, and on April 13, 2018, the citizens prevailed. Martin Marietta does not have a valid permit to operate in their current location. The Colorado Court of Appeals issued a mandate to the District Court to reverse its judgment, and the District Court issued an order vacating its previous judgment and ordering the Weld County Board of County Commissioners to reverse its approval of the USR by denying the permit.

While the case was proceeding, Martin Marietta proceeded to build the concrete plant, rail loop, and other portions of the facility. As documented in their acceptance of risk letter to the County, Martin Marietta acknowledged that it would have to cease activities and remove improvements that have been installed if litigation resulted in invalidation of the approval of their USR. CLR-34 will be monitoring the process.

In early May 2018, concerned that Martin Marietta and the County did not intend to remove the installed improvements, the Plaintiffs filed a motion requesting an amended final judgment that clarifies the actions that Martin Marietta and the County must take in response to the final judgment. Martin Marietta also filed a motion requesting a change in wording of the judgment so that the order simply invalidates the approval of the USR and makes it possible for the County Commissioners to continue considering Martin Marietta's original USR application. The County Commissioners filed a similar motion requesting a change in wording of the judgment. Martin Marietta filed a  response to the Plaintiffs' motion, and the Plaintiffs filed a response to Martin Marietta's and the County Commissioners' motions. The Plaintiffs' reply to Martin Marietta's response can be found here.

In early June 2018, the district court judge denied the plaintiffs's motion and approved Martin Marietta's motion. The Plaintiffs have filed a notice of appeal. MMM filed a motion to deny our appeal.  This motion was NOT granted by the Court of Appeals, and instead the decision about the Appeal of the District Court order was instead DEFERRED.

Contact Us


Mail: CLR-34

c/o Dave Kisker, President

6681 Apache Road

Johnstown, CO  80534

Make a Donation


NOTE: CLR-34NA is a 501c(4) nonprofit organization. Therefore, contributions are NOT tax deductible.