As a result, the board postponed its Oct. 24 hearing so that C H could amend its application. If Bell hadn't told C H of the objection, the annexation petition would have been legally deficient, and the board would have had to deny it, Bendelow said. That notification, which was done informally, turned the board members and Bell into advocates for the applicant, he said.
Cliff Simpson, the owner of C H, said earlier this fall the company hopes to establish operating rules and guidelines that were left unanswered during its permitting process with the county.
"We have no issue with the business we wish it well it's just in the wrong place," he said.
Several property owners who live near an oil and gas welding business near Ault have threatened to sue the Ault Town Board if members proceed with a proposal to annex land on which the business sits.
If the business' land is joined with Ault at the town's Tuesday hearing, then commissioners' decision regarding the permit will be a moot point.
According to the claim, Bell called C H to notify the company of Union Pacific Railroad's objection to the annexation because it owned 34 acres of property included in the proposal.
Ted Bendelow, the property owners' lawyer, said the Ault board and the Ault town attorney, Greg Bell, have acted in favor of C H rather than as a neutral agent in the Air Force 1 Red And White High
The six property owners who live nearest to C H Excavation sent a Notice of Claim to the board last week, saying they would seek damages in the decline in value to their properties if the board continues with the annexation hearing set for Dec. 4. The notice requests a response from Ault by Monday.
The claim listed several other concerns, including the postponement of the Oct. 24 hearing, which was listed as a canceled meeting on the town's website, and the board's passing of a resolution that night that had not yet been drafted.
that comes with the welding business, saying the permitting process left them with no way to mitigate those issues.
added to Ault's budget with the inclusion of C H.
C H Excavation first received a citation from Weld County in January 2011 for operating without a land use permit, and has since engaged in a drawn out application process. In October, Weld County Blue Air Force Ones Low commissioners postponed a land use hearing for the business until Dec. 12.
Landowners threaten to sue in face of Ault annexation
Surrounding property owners have repeatedly spoken out about the noise, dust and traffic Nike Air Force One Mid 07
"Unfortunately, it's our position that the town board has lost its position of objectivity based on sales tax revenue," Bendelow said, citing the potential for hundreds and thousands of dollars to be Nike Air Force 180 - Men's
Bell said it is up to the Ault Town Board to decide whether to move forward with the annexation.
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