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  • Order Upholding Longmong Fracking Ban Pending Appeal

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    Karen Antonacci
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    District Court Judge D.D. Mallard granted the city of Longmont a stay in an earlier injunction against the city's fracking ban. Voters passed a ban on fracking in city limits in 2012 and shortly after, the Colorado Oil and Gas Association sued the city. A Boulder County District Court judge found a summary judgement in favor of COGA and the Longmont city council decided to appeal. While that appeal works its way through the courts, the ban will stay in place, according to the order filed Oct. 14.

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    Order upholding Longmong fracking ban pending appeal

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    District Court Judge D.D. Mallard granted the city of Longmont a stay in an earlier injunction against the city's fracking ban. Voters passed a ban on fracking in city limits in 2012 and shortly after, the Colorado Oil and Gas Association sued the city. A Boulder County District Court judge found a summary judgement in favor of COGA and the Longmont city council decided to appeal. While that appeal works its way through the courts, the ban will stay in place, according to the order filed Oct. 14.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    691 views2 pages

    Order Upholding Longmong Fracking Ban Pending Appeal

    Uploaded by

    Karen Antonacci
    District Court Judge D.D. Mallard granted the city of Longmont a stay in an earlier injunction against the city's fracking ban. Voters passed a ban on fracking in city limits in 2012 and shortly after, the Colorado Oil and Gas Association sued the city. A Boulder County District Court judge found a summary judgement in favor of COGA and the Longmont city council decided to appeal. While that appeal works its way through the courts, the ban will stay in place, according to the order filed Oct. 14.

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    © All Rights Reserved
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    Page 1 of 1

    COURT, DISTRICT COUNTY, COLORADO BOULDER


    Court Address:
    1777 Sixth Street P.O. Box 4249, Boulder, CO, 80306-4249
    Plaintiff(s) COLORADO OIL & GAS ASSOCIATION
    v.
    Defendant(s) CITY OF LONGMONT COLORADO
    COURT USE ONLY
    Case Number: 2013CV63
    Division: 3 Courtroom:
    Order: Order Re: Motion for Stay Pending Appeal
    The motion/proposed order attached hereto: SO ORDERED.
    Issue Date: 10/14/2014
    D D MALLARD
    District Court J udge

    DATE FILED: October 14, 2014 10:25 AM
    CASE NUMBER: 2013CV63
    DISTRICT COURT, BOULDER COUNTY, COLORADO
    1777-6
    th
    Street
    Boulder, CO 80302
    _______________________________________________

    Plaintiffs:
    COLORADO OIL AND GAS ASSOCIATION,
    COLORADO OIL AND GAS
    CONSERVATION COMMISSION, and TOP
    OPERATING COMPANY

    Defendant:
    THE CITY OF LONGMONT

    Defendant/Intervenors:
    OUR HEALTH, OUR FUTURE, OUR
    LONGMONT; SIERRA CLUB; FOOD AND
    WATER WATCH; and EARTHWORKS

    _______________________________________________

    The Honorable D.D. Mallard
    District Court J udge









    COURT USE ONLY
    ______________________________


    Case No.: 2013 CV 63

    Division: 3


    ORDER RE: MOTION FOR STAY PENDING APPEAL


    The City of Longmont has filed its Motion for Stay Pending Appeal. The Court stated in
    its J uly 24, 2014 Order Granting Motions for Summary J udgment that it would grant an order
    for stay pending appeal. THEREFORE,

    The Court hereby stays its J uly 24, 2014 Order enjoining the City of Longmont from
    enforcing Article XVI of the Longmont Municipal Charter, and rules that there shall be no
    hydraulic fracturing activity in the City of Longmont until a final judgment has been entered in
    this case.

    DATED this __________ day of ___________, 2014.

    By the Court:


    ____________________________________
    D.D. Mallard
    District Court J udge
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