03 - June 9, 2023: Sombrero Marsh Plaintiffs File Opening Brief

The Opening Brief details how the City of Boulder previously determined that a modular home factory was not a use suitable for Public zoning. Nevertheless, the City proceeded to skirt their own requirements in order to allow such manufacturing use in the Annexed Property. The City allegedly violated at least seven laws (mostly their own) along the way:

1. Passing at least 5 different subjects in one ordinance (City charter limits ordinance to a single subject);
2. Changing zoning without clearly explaining or adequately discussing the changes when passing the ordinance;
3. Violating uses in Public zoning designations of Boulder Valley Comprehensive Plan;
4. Illegally spot zoning the Annexed Property (i.e., arbitrarily changing use requirements of a single zoned property);
5. Illegally contract zoning the Annexed Property (City charter requires zoning changes only by ordinance);
6. Not providing notice to neighbors of all changes allegedly enacted by the Annexation Agreement; and
7. Violating its own code of conduct by having a City employee represent BVSD while that employee also advised the City on negotiating with BVSD.

The Opening Brief is 70 pages in order to cover all the City violations along the way. The City and BVSD have 35 days to file their Answer Brief.