News & Announcements

Posted on: February 17, 2017

Learn the Facts: View Court Order Finding in Erie’s Favor at Nine Mile

Court Order  at Nine Mile.jpg

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.

Facebook Twitter Google Plus Email

Other News in News & Announcements

2016FarmersMarket_YouTube

Erie Farmers Market Tonight!

Posted on: May 25, 2017
Community Spotlight_Citizen Survey

We're Counting on You!

Posted on: May 16, 2017
TreeNursery3

Did You Know?

Posted on: May 4, 2017
Town of Erie Logo

Oil & Gas Operations Update

Posted on: May 1, 2017
IMG_2842

Park Plans Prioritized

Posted on: April 29, 2017
PD_Badge_Thumbnail

Celebrating National Volunteer Week

Posted on: April 24, 2017
2016FarmersMarket_YouTube

Erie Farmers Market

Posted on: April 13, 2017
Survey

Surveys are in the Mail!

Posted on: April 10, 2017
Town of Erie Logo

Welcome to Erie

Posted on: April 6, 2017
Survey

Town of Erie 2017 Citizen Survey

Posted on: March 31, 2017
Erie_Stuff_Logo

Erie Stuff - Erie's Official App!

Posted on: March 30, 2017
Town of Erie Logo

Erie Shout Out!

Posted on: March 23, 2017

Looking for a Summer Job?

Posted on: March 8, 2017
ThomasReservoir_CivicSend_Template.png

Celebrate the Weekend Outdoors!

Posted on: March 3, 2017
TownOfErie_TreeLogo_2PMS.png

Sooper 3 Months

Posted on: February 21, 2017
TownOfErie_TreeLogo_2PMS.png

We Want To Boast About Our PROST

Posted on: January 19, 2017