Free Motion for Hearing/Conference - District Court of Colorado - Colorado

Case 1:00-cv-02361-WDM-BNB

Document 48

Filed 04/30/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. OO-cv-02361-WDM-MEH (concerning related Case Nos. 00-cv-02361-WDMMEH through 02363- WDM-MEH; and Case Nos. 00-cv-02365- WDM-MEH through OO-cv02374-WDM-MEH; and concerning Case Nos. 00-cv-2364-MJW-MEH and 00-cv-02394-MJWMEH)
Case No. 00-cv-02361-WDM-MEH
WYRICK G. DEANE,

Plaintiff,
v.

MILTON TUCKER, et aI.,
Defendants.

DEFENDANT PITKIN COUNTY'S MOTION REQUESTING EVIDENTIARY HEARING
Pitkin County (the "County") respectfully

Defendant Board of

County Commissioners of

submits the following Motion requesting that the Cour set an evidentiary hearng in this matter

to determine whether or not plaintiff Wyrick Deane and defendant United States of America

(collectively, the "Settling Paries") are attempting to evade the subdivision and other land use

statutes contained in Title 30, Aricle 28, Par 1 ofthe Colorado Revised Statutes. The Settling
Paries oppose this Motion.

The County has not had the opportunity to take discovery in this matter and therefore has had no opportunity to directly challenge the tendentious allegations contained in the Settling

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Case 1:00-cv-02361-WDM-BNB
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
CASE NO. OO-cv-02361 DEFENDANT PITKI COUNTY'S MOTION REQUESTING EVIDENTIARY HEARING

Document 48

Filed 04/30/2007

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Paries' affidavits. The County wil need to cross-examine the Settling Paries in order to
establish as an evidentiar matter what the paries knew and intended with regard to the various

factors that come into play. The County also believes that providing the Cour with live
testimony concerning the history of the area and the local land-use regulatory system is essential
to a full development of the issues.

An evidentiary hearng is also necessar in this case because there are genuine issues of
material fact, as made clear in the discussion contained at pp. 12-15 of

the Settling Paries' Reply

brief.

Finally, an evidentiary hearing in this matter wil afford the County an opportunity to
respond to the various arguments raised by the Settling Paries in their Reply brief. Virtually

all

of

these arguments were made for the first time in that Reply.

Respectfully submitted this 2ih day of April 2007.

/s John M. Ely John M Ely
/s Christopher G. Seldin
Christopher G. Seldin

PITKIN COUNTY ATTORNEY'S OFFICE

530 E. Main Street, Suite 302
Aspen, Colorado 81611

Telephone: (970) 920-5190
E-mail: iohneCfco.pitkin.co.us

chrissCfco. pitkin.co. us
ATTORNEYS FOR DEFENDANT PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS

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Case 1:00-cv-02361-WDM-BNB

Document 48

Filed 04/30/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CERTIFICATE OF SERVICE

I hereby certify that on April 27. 2007, I electronically fied the foregoing DEFENDANT PITKIN COUNTY'S MOTION REQUESTING EVIDENTIARY HEARING with the Clerk of the Cour using the CM/CF system, which wil send notification of such filing to the following e-mail address:
Roxane J. Perrso

Assistant U.S. Attorney
1225 17th Street, Suite 700

Denver, CO 80202
Roxane.PerrusoCfusdoi .gov

Kathryn Haight Welborn Sullvan Meck & Tooley, P.C.
821 - 17th Street, Suite 500

Denver, CO 80202
khaight((lwsmtlaw. com

and I hereby certify that I have mailed or served the document or paper to the following non-

CM/CF paricipants in the maner indicated by the pary's name:
Via e-mail

Helena Jones-Siddle, Esq. Offce of the General Counsel USFS-USDA 740 Simms Street, Room 309 Golden, CO 80401
HelenaJ ones-S iddleCfusda. gov

sl Jane Achev Legal Assistant

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