Status and Overview of Sierra Club Lawsuit

Overview of the Sierra Club Lawsuit

(Referenced from Appeal of Determination of the Director of Boulder County Land Use Department
Sierra Club, Appellant, v. Boulder County Land Use Department, and Graham Billingsley, in his official capacity as Director of Boulder County Land Use Department, Respondents.)

1989 - Lyons cement plant obtains special use permit to burn tires.

1993 - Cement plant ceases tire burning

1996 - Provision 4-604 Limitation of Uses by Special Review is created to invalidate special use permits that are inactive for a continuous 5 year period.

2002, July - CEMEX announces intention to burn tires

2002, Sept - Graham Billingsley, Land Use Director, writes a letter to CEMEX stating that "Southdown/Cemex has not burned tires under the [special use] permit since 1993.

2002, Sept - Graham Billingsley, Land Use Director, changes his mind and determines that the lapse provision, 4-604, does not apply to the 1989 permit so CEMEX can resume tire burning without getting a new special use permit.

2002, Oct - Sierra Club files an appeal to Billingsley's determination that the Permit was still in effect.

2002, Nov - Board of Adjustment heard the appeal, but upheld Billingsley's decision despite the clear language of Provision 4-604, and public testimony.

2002, Nov - Sierra Club filed a First Amended Complaint against Billingsley in his official capacity, and that the BOA had exceeded its jurisdiction and abused its discretion by affirming Billingsley's decision.

2003, March - Court rules that Article 4-6-4(c) clearly applies to "any approved use by special review", and remanded the case back to the BOA to determine whether tire burning had in fact been suspended for 5 continuous years and directing the BOA to invalidate the Permit if such a period of inactivity had occurred.

2003, May - Billingsley & BOA file a Motion for Reconsideration. It is denied. The Court again concluded that the BOA and Billingsley abused their discretion and misinterpreted article 4-604(c).

April 10, 2003 - Cemex notified Billingsley that Cemex reserves the right to pursue any claim against Boulder County.

2003, June - BOA remands the decision again, back to Billingsley for a determination of whether there had been a 5 year period of inactivity.

2003, June - Graham Billingsley, Land Use Director again decides that provision 4-604 does not apply to CEMEX, contradicting his original letter to CEMEX on Sept. 5, 2002.

2003, July - Sierra Club files suit against Boulder County Land Use and Graham Billingsley, asking the court to rule that Billingsley and the BOA have exceeded their jurisdiction.

2003, July - Caribou Ranch Homeowners Association files a lawsuit asking the court to find that Director Billingsley's decision is in error and to reverse it.

2003, Sept 3 - BOA hearing

2003, October, Sierra Club Files Second Amended Complaint,Civil Action No. 02CV1616 This is a civil action for declaratory and/or injunctive relief under the Colorado Open Records Act, C.R.S. §24-72-101 et seq., Colorado Rule of Civil Procedure ("CRCP") 106(a)(2) and 106(a)(4), CRCP 57, and/or the Colorado Administrative Procedures Act (“CAPA”), C.R.S. §24-4-106(4). Plaintiff also seeks its litigation costs and attorneys fees pursuant to C.R.S. §24-72-204(5), §13-51-114, and any other authority.