District Court Appeal

Nearby residents, farmers, and businesses appealed the BOCC decision to approve MMM’s USR in Weld County District Court. This was an appeal by right (also referred to as a Section 106 appeal).

CLR-34 press release about appeal (9/18/2015)

Complaint 2015CV30776 (9/9/2015)

Complaint Exhibit A 2015CV30776 (9/9/2015)

Complaint Exhibit B 2015CV30776 (9/9/2015)

Complaint Exhibit C 2015CV30776 (9/9/2015)

Complaint Exhibit D 2015CV30776 (9/9/2015)

Complaint Exhibit E 2015CV30776 (9/9/2015)

Complaint Exhibit F 2015CV30776 (9/9/2015)

Complaint Exhibit G 2015CV30776 (9/9/2015)

Complaint Exhibit H 2015CV30776 (9/9/2015)

Complaint Exhibit I 2015CV30776 (9/9/2015)

Complaint Exhibit J 2015CV30776 (9/9/2015)

Briefs were filed:

Plaintiffs’ Opening Brief 2015CV30776 (1/19/2016)

MMM and Gerrard Investments LLC Answer Brief 2015CV30776 (3/8/2016)

Weld County Answer Brief 2015CV30776 (3/8/2016)

Plaintiffs’ Combined Reply Brief 2015CV30776 (3/22/2016)

Exhibit A to Plaintiffs Combined Reply Brief 2015CV30776 (3/22/2016)

District Court Judge Todd Taylor issued an Order of Remand of the case back to the BOCC because there was “so little evidence” that supported the approval that he was unable to determine whether it was appropriate.

District Court Order of Remand 2015CV30776 (8/9/2016)

Additional briefs were filed:

Certified Amended Resolution (10/5/2016)

Plaintiffs’ Supplemental Brief 2015CV30776 (10/28/2016)

Weld County Response to Plaintiffs’ Supplemental Brief 2015CV30776 (11/10/2016)

MMM Supplemental Answer Brief 2015CV30776 (11/11/2016)

Plaintiffs’ Combined Supplemental Reply 2015CV30776 (11/17/2016)

Ultimately, the District Court upheld the BOCC approval of MMM’s USR.

District Court Order on Plaintiff Appeal 2015CV30776 (1/27/2017)

Read about the neighbors’ appeal of this decision to the CO Court of Appeals: http://clr-34.org/martin-marietta-materials-aggregate-processing-facility-usr15-0027/appeal-to-the-co-court-of-appeals/