Hi Everyone,
While the wheels of justice grind slowly, here’s the latest in our lawsuit against Independence to try to stop their attempt to take 75 acre feet (over 26 million gallons a year) of Upper Dawson Water offsite and to limit their use of the UD onsite.
While there is never a guarantee in a lawsuit, the West Elbert Water organization has joined with the Franktown Citizens Coalition II in filing this summary judgement motion, jointly, hopefully making us stronger together.
Summary judgment is a judgment entered by a court for one party and against another party without the necessity for a full trial. This is what we are hoping for but be aware that there are limits to the granting of a summary judgment. Basically, in a summary judgement motion the two parties are asking for a court order ruling that a cause of action can be decided upon certain facts without trial. A summary judgment is based upon a motion by one side of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried.
|
|
The motion and exhibits as filed are attached. Independence has 21 days from yesterday to file a response brief, and then FCC II and West Elbert will have 14 days to file the final reply brief. After that, we wait for the court’s decision on the motion.
As always, if you have any questions, please let me know..
ONWARD TOGETHER,
Diana Love
President
FCC II
2019CW3220_62_2022-09-26_Ex__A___Referee_Ruling__Case_No__19CW3220_5129169038768962863 2019CW3220_62_2022-09-26_Ex__B___Decree__Case_No__06CW59_3490782178775498888 2019CW3220_62_2022-09-26_Ex_C____Policy_Memo_94_3_9216038569982716264 2019CW3220_62_2022-09-26_Ex__D___Independence_Discovery_Responses_13647907405787798359 2019CW3220_62_2022-09-26_Ex__E___Water_Supply_Plan_Report_13753473284929142757 2019CW3220_62_2022-09-26_Motion_for_Summary_Judgment_7926257398380971780