Free Motion for Joinder - District Court of Colorado - Colorado

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

Document 36

Filed 02/27/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02361-WDM-MEH (consolidated with Civil Action Nos. 00-cv-02362WDM-MEH, 00-cv-02363-WDM-MEH, 00-cv-02364-MJW-MEH, 00-cv-02365-WJM-MEH, 00-cv-02366-WDM-MEH, 00-cv-02367-WDM-MEH, 00-cv-02368-WDM-MEH, 00-cv-02369WDM-MEH, 00-cv-02370-WDM-MEH, 00-cv-02371-WDM-MEH, 00-cv-02372-WDM-MEH, 00-cv-02373-WDM-MEH, 00-cv-02374-WDM-MEH, 00-cv-02394-MJW-MEH) WYRICK G. DEANE,

Plaintiff, v. MILTON TUCKER , et al., Defendants. ______________________________________________________________________________ MOTION TO JOIN AS A PARTY IN INTEREST _____________________________________________________________________________ Pitkin County Board of County Commissioners, by and through the County Attorney's Office, pursuant to the Court's Order entered herein dated February 8, 2007, moves this Court to join the Pitkin County Board of County Commissioners as a party in interest consistent with the purpose specified in the Court's Order and Colo. Rev. Stat. § 30-28101(10)(c)(II). As grounds therefore, the Pitkin County Board of County Commissioners states the following: 1. This motion is timely made given the receipt of notice by Pitkin County Board of

County Commissioners on February 9, 2007 and the terms of the Court's Order.

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

Document 36

Filed 02/27/2007

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2.

Pitkin County Board of County Commissioners objects to the scope of the

proposed order submitted to the Court to approve a global settlement between the parties of Wyrick Deane and the United States of America, Secretary of Agriculture and the United States Forest Service requesting an order partitioning certain real property located in Pitkin County. The proposed physical partition of real property in Pitkin County is an attempt by the parties to evade the subdivision regulations of Pitkin County adopted pursuant to Colo. Rev. Stat. § 30-28101 et seq. Therefore, the Pitkin County Board of County Commissioners respectfully requests that the Court order that the Board is joined in this action as a party in interest for the purpose of resolution of the issue of whether or not the proposed physical partition of real property in Pitkin County is an evasion of the Pitkin County subdivision regulations. Respectfully submitted this 27th day of February 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: [email protected] [email protected]
ATTORNEYS FOR DEFENDANT PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS

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Filed 02/27/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE

I hereby certify that on February 27, 2007, I electronically filed the foregoing MOTION TO JOIN AS A PARTY IN INTEREST with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail address: Roxane J. Perruso Assistant U.S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 [email protected] Kathryn Haight Welborn Sullivan Meck & Tooley, P.C. 821 ­ 17th Street, Suite 500 Denver, CO 80202 [email protected] Stephen J. Sullivan Welborn Sullivan Meck & Tooley, P.C. 821 ­ 17th Street, Suite 500 Denver, CO 80202 ssullivan@wsmtlaw,com

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner indicated by the party's name: Via e-mail Helena Jones-Siddle, Esq. Office of the General Counsel USFS-USDA 740 Simms Street, Room 309 Golden, CO 80401 [email protected]

s/ Lisa MacDonald Paralegal to John M. Ely 3