Loss of Summary Judgement Motion and plans to Appeal that Loss

Hi Everyone,

Unfortunately, we lost our Summary Judgment Motion.   See Judge’s decision attached.  Because of that, there will be no trial.   Instead the FCC II plans to file a joint appeal with The West Elbert County Well Users organization to contest the judge’s decision.

I will send  out a copy of our appeal as soon as it’s filed.  Also, the appeal process is long.  To give you an overview of the time frame of the appeals process, once the notice of appeal is filed the water court has 63 days to transmit  the record to the Colorado Supreme Court.  Once the record is transmitted, we will have 42 days to file our opening brief.  Independence will have 35 days to file a response brief, and we will have 21 days to file a final reply brief.  After briefing is complete, our attorney will file a request for oral argument, which typically gets set within 4 – 8 months after that request.

Please let me know if you have any questions.


Diana Love



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