Service Occurs in Action To Stop "Local Option" in Fort Collins

CatWhisperer's picture

Today, the Fort Collins City Clerk, Wanda Krajicek was served a summons and complaint in 11CV1044, the action filed in the District Court to stop exercise of the local option in Fort Collins. Here is the Complaint, Summons, and Cover Sheet as  filed and served earlier today (clicking on the complaint opens a pdf version for easier reading):

Complaint, page 1, 11CV1044, Reaud v. Krajicek

Complaint, page 2, 11CV1044, Reaud v. Krajicek

The Fort Collins City Clerk has twenty days to respond. I find it sad and totally ridiculous that it comes to this after all of the hard work by City Staff, City Council, and Dispensary Operators. We'll keep you posted.

AttachmentSize
summons_filed_pg1_450x582px.png328.86 KB
summons_filed_pg2_450x582px.png205.2 KB
coversheet_filed_450x583px.png336.35 KB
order_granting_def_mot_dismiss.pdf2.75 MB

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CatWhisperer's picture

Action Update: Dismissed as Premature July 26, 2011

The defendant, the Fort Collins City Clerk, through her attorney, filed a motion to dismiss on June 7th, to which I responded on June 30th. The gist of the ruling is that my action was premature. There are no actionable damages until the election occurs and the electorate votes to ban the dispensaries. In sister jurisdictions that may not have been the case.

“… Generally, the Colorado electors' powers of initiative and referendum cannot be interfered with before the process has run its course and the initiated measure has been adopted. …”, at 3. The order is attached (PDF, 2.75MB).

We had to try, and we continue in our efforts to stop this ridiculousness…

CatWhisperer
Fort Collins, CO, USA

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