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Evil Thrives When Good People Let it Happen
Contributed by: Richard Yale on 5/15/2008

OPEN LETTER TO CITY COUNCIL MEMBERS OF LONGMONT, COLORADO

Dear Honorable Mayor and Honorable Members of City of Longmont City Council:

The City Attorney's words that the rule of law argued by the Town of Firestone "do not apply here" and the notion that a city can't annex its own land is "simply absurd," said Douglas deliberately misleads Council & the public. True, a city can annex its own land. False, Longmont owns 51% of the affected land. Fact, the City owns 33% of the affected land. Fact, State Colorado Constitution, Article II - Bill of Rights, §30(1((b) is the controlling legal authority: (b) The annexing municipality has (NOT) received a petition for the annexation of such area signed by persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets, and alleys and any land owned by the annexing municipality; The petition turned down by Weld County and now challenged by the City neither contains the signatures of 51% or more of constitutionally qualified Landowners in the area nor even if the City were not barred by excluding...any land owned by the annexing municipality" as the City Attorney asserts the Petition is defective by at least 18% of the total land affected that would give the petition the requisite 51%. The question of public concern is: why would Mayor Pro Tem Benker not use her official title that carries with it identification of the owner in fee of the affected land, but instead uses the generic "Landowner" and the City Attorney rely on the C.R.S section that identifies "Landowner" as "owner in fee". Was it to cover two technical defects in the Petition by diverting attention of the reviewers at Weld County and Superior Court levels?

Both the legal and political implications of such manipulation of process to affect a political purpose - Mayor Lange, Maneuvers are a 'blocking tactic' discriminate 77% of the other bona fide Weld County property owners in fee in the affected annexation. The City's procedural use of the term "landowner" purports to certify she represents 51% of the land area ownership by the City. which is untrue on the face of the representation may be evidence of unethical disloyalty to the general law because at least 18% of the land owners in the affected area have no say in how their property values would be devalued by the City that ignores the Constitutional protection that the land owners in the annexation area petition to be annexed; the Constitution expressly prohibits the City from doing it for them.

Even if Benker had signed the Petition "Mayor Pro Tem" that would not have changed the fact that the undivided interest of the City in the affected area is only 33%, not the majority of 51%, the minimum standard in Colorado Constitution Article II, §30(1)(b). This factually defective City Annexation Process is a political corruption of the Colorado State Constitution to denying 77% of the affected Weld County property equal protection of the Law that the City of Longmont is obligated to provide by 42 U.S.C. 1983: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws,"

This fact begs the question: how much is this going to cost the innocent taxpayers of Longmont who will be expected to pay the legal bills for the City's frivolous Court actions that asks State Judges to apply the general law of the 14 th Amendment to the U.S. Constitution and Article II, Bill of Rights §30(1)(b), to accommodate the City of Longmont's particular political instance rather than the Court obey the Supreme Law? From the facts presented herein by the City itself by its writings, words of officials and official deeds the City will be putting the Judge on the spot forcing him to either violate his duty as a minister of justice to personally consider substantial justice, as the City Attorney has already gone on record he is willing to do to comply with Council demand May 13, 2008; or in this particular with Firestone case - disregard the law as the Judge knows the law to be binding on him. The consequence, if a Judge were to agree with them could become a precedent unsettling accepted principles of property law that may have detrimental consequences beyond the immediate controversy between Longmont & Firestone. Is this the minimum ethical behavior for Longmont elected and Judicial Officials under the City Charter and their fiduciary duty to the People of Longmont?

The ethical question that Council has a moral duty to broadcast to the whole community concerning these new revelations is: Knowing the whole picture today, that some, if not all members of Council did not see May 13, 2008; Is Council still willing to stand by its vote of confidence or does it wish to set a precedent in the general law discriminating against churches (the church is one of the landowners whose rights are excluded by the sham ownership claim on the Petition) and changing the general law in the process? Is every member of Council willing to support by publication of their name in history, the nullification of the fundamental guarantees of the First and 14 th Amendments of the U.S. Constitution in a sneaky Court action that strips all of the State of Colorado citizens of their guaranteed rights in private property without their informed consent as the City of Longmont now practices on its own citizens without consent?

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Showing 1-10 of 14 comments
Submitted By: Doug Wray
posted on 7/6/2008 @ 11:38:15 AM
(Not Rated)
The depth of your denial is really spooky. Environmentalists are responsible for high gasoline prices? Is the Sierra Club wiretapping you too?
Submitted By: Richard Yale
posted on 5/18/2008 @ 9:06:51 AM
(Not Rated)
Reserve your good luck wish for hard times come to Longmont on the after quake from the 2007 election of envirocrats gaining control of Longmont’s City Council They have began large Green and Open Space pork-barrel projects along the Saint Vrain River & Union Reservoir by unethical legal process to jockey landowners our of their property in Weld County. Inside Boulder County they hold the Longmont housing market hostage to their demands. The goal stated by Council member Benker in her interview to be appointed to Council in 2006, was parity with Boulder housing prices. With the elitist envirocrats in control of Council, like $9.50 a gallon for gasoline coming courtesy of the envirocrats, Longmont’s housing market anticipates an average cost on the horizon for a single family home in Longmont in the $600K range.
Submitted By: Ralph Dosser
posted on 5/17/2008 @ 10:57:43 PM
Rated Story
Oh my. This thread just went from "kind of interesting" to "sad." Best of luck, Mr. Yale.
Submitted By: Richard Yale
posted on 5/17/2008 @ 9:09:05 PM
(Not Rated)
Very interesting, but grotesque! Now the reader learns for themselves what the cancer is that has eaten the heart out of their Constitution in City Council process and the waste produces left behind of arbitrary and capricious government by the rule of men, instead of rule of law. We also learn from this discussion “high-tech business and intelligent people” are the privileged elite in this government. If you don’t like it and try talking to your council representative, you learn there is no representation if you are not in their definition of elite. As a consequence Council Members have become your judges if you are not accepted into the club of “high-tech business and intelligent people” now running the city government. Non-conforming constituents are brushed off with: “Sorry I can’t talk to constituents anymore, “quasi-judicial you know”. Want equal opportunity to use your own property, no way, as Mr. Dosser puts it: “I very much want to fight whatever your idea of success is!”
Submitted By: Ralph Dosser
posted on 5/17/2008 @ 4:16:58 PM
Rated Story
So high property values are a sign of FAILURE? As a Longmont property owner, then, I very much want to fight whatever your idea of success is! Boulder is a roaring success because those "enviro-crazed" investments draw in high-tech business and intelligent people. Longmont would do very well indeed to follow that example.
Submitted By: David Larison
posted on 5/17/2008 @ 3:50:42 PM
Rated Story
Yeah Dosser, Boulder's enviro-crazed investments in quality of life have payed off all right. How about $600K for the average price of a home? http://denver.yourhub.com/Longmont/Stories/Community/Community-happenings/Story~414413.aspx How is the quality of life enhanced in Boulder if the average wage earner can't even afford to live in that community?
Submitted By: Ralph Dosser
posted on 5/17/2008 @ 2:29:01 PM
Rated Story
I'm continually baffled why people invoke Boulder as a warning. It's arguably the most successful community on the Front Range by just about any meaningful measure. Do they make mistakes? You betcha. Who doesn't? But all-told their investments in quality of life - berated for decades - have payed off enormously. Just as the current Longmont City Council is working to secure our eastern flank from ill-planned development is far-sighted and to the long-term benefit of the community. That being said, I do give you credit, Mr. Yale, for arguing that the Longmont City Council is only the enemy of the U.S. Constitution and not of God almighty, as other supporters of the 4C corporation have done.
Submitted By: Richard Yale
posted on 5/17/2008 @ 10:42:00 AM
(Not Rated)
Boulder has had its comeuppance. For them it was nine lawsuits and tripping over a Federal Statute. But before that happened, other communities have followed their lead. The City choice to continue after Weld County said no you are not in Constitutional compliance is signaling it is okay to get creamed in court, because that is what insurance is for, same attitude as Boulder was. They thought that a loss for making for legal errors is refundable. That’s saying taxpayers are not paying for the legal bills, but the taxpayers will pay the insurance premiums. Boulder County was listed as a higher risk, and the value of our bonds went down. This is pretty simple stuff that does not take a crystal ball to see or to realize Longmont is headed in the same direction. I am bringing on an arc lamp to light up the city attorney and council. It is the only thing that I can think of that will make our local government realize that they are following a plan of proven failure.
Submitted By: Ralph Dosser
posted on 5/17/2008 @ 9:17:12 AM
Rated Story
Mr Yale, please do not try to scry meaning from my remarks the way you do with the law, because the end results are equally bizarre and incomprehensible.
Submitted By: J. McCoy
posted on 5/17/2008 @ 8:47:09 AM
Rated Story
losing your property rights to special interests is apocalyptic.
Showing 1-10 of 14 comments
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CONTRIBUTOR INFORMATION

Richard Yale

Longmont , CO

Richard Yale has posted 34 stories and 73 comments since joining on 12/13/2007. Richard Yale 's average story rating is 4.08.
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