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Colorado Judges Reverse Decision on Martin Marietta Plant.

In August 2015, the board of Weld County, Colo., commissioners approved a use by special review permit for a Martin Marietta concrete and asphalt plant near U.S. 34 and Weld County Road 13. However, a three-judge Colorado Court of Appeals panel has unanimously reversed the board's 2015 decision to allow the plant, according to the Greeley Tribune.

Judge Todd Taylor had ordered the commissioners to provide more findings of fact to support the 2015 decision. The commissioners did, focusing on five major issues:

* Whether the commissioners erred in approving a use by special review application without competent evidence the proposed industrial use is consistent with existing surrounding uses.

* Whether the commissioners erred in approving the USR application without competent evidence the applicants made diligent efforts to conserve prime farm land.

* Whether the commissioners erred in approving a USR application where the uncontroverted evidence demonstrated the proposed industrial use would violate the applicable noise standard.

* Whether the commissioners engaged in unlawful de facto spot zoning when they approved the USR application for a proposed industrial use that has no relationship to agriculture in the agricultural zone.

* Whether the district court erred in refusing to order the record to be supplemented with all ex parte communications between the commissioners and the applicants while the USR application was on remand before the commissioners.

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Title Annotation:PERMITTING
Publication:Rock Products
Date:Dec 1, 2017
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