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

After the Weld County Board of County Commissioners approved the Martin Marietta Materials aggregate 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 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 Respons Brief
On January 27, 2017, the judge issued an Order ruling against the plaintiffs and for Weld County and Martin Marietta.
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 filed an answer brief on June 30, 2017.

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.