Motion For Injunction, Cottonwood
Motion For Injunction, Cottonwood
Plaintiffs:
KENT S. AND PATRICIAA. MCDONALD
v.
A CoURT USE, oNLY
Defendant: Case Number:
CITY OF LONGMONT
Division: Courtroom:
Attorney for the Plaintiffs:
SHEA L. BIJRCHILL, P.C.
Shea L. Burchill, #32458
231 Coffman Street
Longmont, CO 80501
(720) 4e4-4861
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Comes now, the Plaintiffs, Kent S. McDonald and Patricia A. McDonald ("Plaintiffs"), by
and through their attomey, Shea L. Burchill, and move this Court for entry of a Temporary
Restraining Order and Preliminary Injunction against the Defendant, its agents, and its attorneys-
in-fact pursuant to C.R.C.P. 65(b) and C.R.C.P. 106. In support of this request, Plaintiffs
incorporates by reference the general allegations of the Verified Complaint for Declaratory
Judgement and Application for Injunctive Relief filed contemporaneously with this Motion.
1.
The City of Longmont has indicated it has reached a final decision regarding the
Plaintiffs' tree and that it intends to remove the tree commencing the week of March 20,2017.
See Letter from City Attorney dated March 15,2017 attached and incorporated herein as Exhibit
1.
2.
The Plaintiffs will sustain irreparable injury if the City is permitted to remove the
tree before the Plaintiffs' rights under C.R.C.P. 57 are adjudicated. The City's stated intention to
remove the tree during the week of March 20,2017 constitutes a real, immediate injury which may
be prevented by injunctive relief.
3.
There is no other plain, speedy or adequate remedy at law that will resolve these
issues prior to March 20,2A17.
4. Granting the injunction will not disserve the public interest as there is no immediate
need to remove a tree that has been growing for 38 years.
5. The balance of equities favors the issuance of an injunction because the Plaintiffs
have demonstrated suffrcient facts to substantiate their claims of ownership and violation of rights.
6. The facts alleged and the lack of urgency in removing a tree that has stood for
decades unmolested supports the preservation of the status quo pending a
trial on the merits.
7. The undersigned certifies that she has made the following efforts to give actual
notice to the Defendant prior to the filing of this Motion:
9. Plaintiffs request that no bond be posted as the Defendant would incur no damages
if it were enjoined from removing the tree until such time as the Verified Complaint can be
adjudicated.
Respectfully submitted,
SHEA L. B
I swear or affirm under penalty of perjury that the information contained in this
VERIFIED MOTION F'OR TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION PURSUANT TO C.R.C.P. 65 AND C.R.C.P. 106 is true and
correct to the best of my knowledge.
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Kent S. McDonald \
corJNTY OF BOTJLDER )
CERTIF'ICATE OF SERYICE
I hereby certify that on this 16 March true and correct copy of the foregoing was
2017 , a
served via Courtlink E-File Service and/or deposited in the U.S. mail, postage prepaid, addressed
to the following: