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The Colorado Court of Appeals ruled for the plaintiffs on November 22, 2017 and reversed the Weld County Commissioners' decision to approve the Martin Marietta aggregative processing facility. Read the decision here.


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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.

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