The Lawsuit

On December 17, 2012, The Colorado Oil and Gas Association filed a lawsuit in Weld County District Court against the City of Longmont over Article XVI, The Longmont Health, Safety and Wellness Act.  Article XVI prohibits hydraulic fracking and the disposal of associated wastes.

On January 14, 2013, the City of Longmont filed a change of venue motion and a motion to dismiss the “takings” allegation in the COGA lawsuit.

The City of Longmont is legally required to defend its City Charter and Mayor Dennis Coombs has reported that the city plans to “vigorously defend” Article XVI.

In order to ensure the most thorough defense of Article XVI, Our Longmont intends to request the Court to grant Intervenor Status. This action will be taken at the appropriate time.

Intervention is the procedure under which a third party may join an on-going lawsuit, providing the facts and the law issues apply to the intervenor as much as to one of the existing contestants. The determination to allow intervention is made by a judge after a petition to intervene and a hearing on the issue.

The City of Longmont will determine the legal arguments that it wishes to pursue.  The arguments may or may not represent all of the arguments that Our Longmont wishes to raise, including but not limited to the rights cited in Article 2, Section 3 of the Colorado Constitution.

Because the charter amendment ballot measure was carried out of, by and for the people of Longmont, we want to be confident that the citizens of Longmont receive the full measure of legal protection.

Our Longmont’s legal team is independent of the city’s attorneys.  As such, the city has no obligation to consult with our legal team about the arguments and strategy that it plans to pursue.  Because a positive outcome in the courts is vital to our residents, and indeed throughout Colorado, it is essential that the Court hear all necessary arguments.

As an Intervenor, Our Longmont will incur expenses in the process of defending Article XVI.

 

UPDATE March 11, 2013: Our Longmont with a Coalition of Other Groups Files a Motion to Intervene in Lawsuit. Read more here.