The Board of Weld County Commissioners will appeal the Colorado Court of Appeals decision that ruled against them in a land-use case involving a concrete and asphalt plant near a residential neighborhood in Johnstown.
Commissioners during a Monday morning work session instructed Weld County attorneys to file for a re-hearing in the Martin Marietta Materials case by Wednesday. Commissioner Sean Conway was noncommittal. Conway and his fellow commissioners voted unanimously to approve the plant in August 2015, and construction is almost complete.
At issue, for the commissioners who supported the appeal, is what the Court of Appeals’ decision will mean to future land-use cases that come before county commissioners.
Most thought it would fundamentally alter the land-use process by impacting the way commissioners deal with development standards to help projects fit in with surrounding land uses. In this case, the appeals court said Martin Marietta was never able to prove it could meet the noise standard commissioners put in place. Typically, commissioners have simply required a promise from the company it will meet the standards.
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