Say the folks at BoCo FIRM, the group that’s taking Boulder County to court so the County will fulfill its STATUTORY obligation to fix our roads in accordance with state law.
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Keeping you informed on Subdivision Paving issues.
This is the first of a series of updates detailing how Boulder County continues to mislead us on the Subdivision Paving issue.
BoCo FIRM continues our fight in the courts and elsewhere to get our streets fixed without new taxes. For additional information on our efforts go to www.BoCoFIRM.org .
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Boulder County has lied in court filings
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BoCo FIRM has filed two lawsuits against Boulder County in the past year. The first suit, won by BoCo FIRM, forced the County to abandon their illegal Subdivision LID and return to county residents taxes they had illegally collected. Since the County refuses to do so, the second ongoing BoCo FIRM lawsuit asks the courts to require the County to fulfill its STATUTORY obligation to fix our roads in accordance with state law.
During these lawsuits Boulder County has submitted written documents to the court that included statements that we know now are false. These statements include:
- “The Board cannot reallocate existing revenues to subdivision road paving because that would result in cuts to critical county services.” – Boulder County Rule 106 Answer Brief, filed on May 8, 2014
- The Board also claimed just a few weeks ago that in order to fix subdivision roads “these commissioners could slash other county projects and services in favor of a massive road paving project that serves this limited group of property owners” – Boulder County Motion to Dismiss, filed on October 29, 2014
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2014 spending and 2015 Budget proves County lied to the Courts
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Last week the Boulder County Commissioners finally had to come clean on the massive and ever increasing amount of funding available to the County that they continue to refuse to spend to fix subdivision roads.
The facts clearly contradict what the County told the courts.
1. In 2014, at the same time the County was telling the Courts that in order to fix our roads it would have to make “cuts to critical County services” the County increased spending by $128.2 million.
2. Instead of having to “cut and slash” programs in 2015 in order to fix our streets, just last week the Commissioners approved a 2015 budget of $438.8 million an increase of $72.0 million compared to 2014.
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What we are doing about this
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It is one thing to mislead the community regarding complex issues such as county finances and transportation budgets to further a political agenda (we will detail these allegations in a separate email). But it is a completely different situation to submit a brief to a court that contains information that is not grounded in fact. Rule 11 of the Colorado Civil Proceedings states that “The signature of an attorney constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information,and belief formed after reasonable inquiry, it is well grounded in fact. ”
It is our position that Boulder County has and continues to submit information to the courts that are not grounded in fact. Our attorney Madeline Meacham of Meacham Halpern has made our position clear to the courts. We hope the court will rule in our favor and require the County to live up to their statutory responsibilities.
In the interim, we will continue to keep you informed about the truth regarding this issue while we pursue all remedies available to us.
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Join our effort to fix our streets without new taxes
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 We are continuing our legal battle to fix our streets without new taxes. So if you’ve already donated, thank you, we appreciate your generosity. And if you’ve been meaning to make a contribution, click on the following link. Donate now. Please forward this email to everyone you know by clicking on the link below.
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