THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
UNITED STATES OF AMERICA,
Plaintiff,
v.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF MONTEZUMA,
Defendant.
___________________________________
COMPLAINT
1. This action is brought by the United States of America to enforce
the provisions of the Fair Housing Act, as amended, 42 U.S.C.
3601 et seq.
2. This Court has jurisdiction over this action under 28 U.S.C.
1345 and 42 U.S.C. § 3614(a).
3. Defendant, Board of County Commissioners of the County of
Montezuma (the "Board"), is the governing body of the County of
Montezuma. The County of Montezuma is a political subdivision of
the State of Colorado within the District of Colorado, organized
under the laws of the State, and located in the southwestern part
of Colorado.
4. The County of Montezuma (the "County"), through the Defendant
Board of County Commissioners, exercises zoning and land use
authority over land within its boundaries. The Montezuma County
Land Use Code contains the County's zoning and land use
regulations.
5. Pursuant to the Montezuma County Land Use Code, unincorporated
areas within Montezuma County have "landowner initiated zoning,"
in which landowners may choose to have their property placed in a
particular zoning category or may leave the property unzoned.
6. In the spring of 1999, John Brach ("Brach") sought to open and
operate a group residence in Montezuma County to be called the
"Eagle's Nest Adolescent Treatment Facility." The purpose of the
proposed group residence was to house and counsel adolescents,
some of whom are Native American, who are recovering from alcohol
and/or drug dependency. Brach, who resides in the District of
Colorado, has a Master's Degree in Special Education and
certificates in school administration and counseling. He has over
26 years of experience working with Native American students as a
school administrator, teacher, and counselor.
7. In the spring of 1999, Brach identified the site at 15472 Road
35.3 in Mancos, CO, within the County of Montezuma (the "Mancos
SNIPPETS:
THE UNITED STATES DISTRICT COURT
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MONTEZUMA,
Defendant, Board of County Commissioners of the County of Montezuma, is the governing body of
The County of Montezuma is a political subdivision of the State of Colorado within the
exercises zoning and land use authority over land within its boundaries.
Pursuant to the Montezuma County Land Use Code, unincorporated areas within Montezuma County
In the spring of 1999, John Brach sought to open and operate a group residence in Montezuma
The purpose of the proposed group residence was to house and counsel adolescents, some of
Brach, who resides in the District of Colorado, has a Master's Degree in Special Education
In the spring of 1999, Brach identified the site at 15472 Road 35.3 in Mancos, CO, within the
In April of 1999, Brach contacted the Montezuma County Planning office to inquire of county
Between April and June of 1999 Brach was told by two different representatives of the
In a description of the proposed group home submitted with the permit application, Brach
On or about July 12, 1999, the Board of County Commissioners of Montezuma County determined
Area residents who attended this hearing, sa well as the earlier Planning Commission meeting,
The defendant's refusal to issue either a letter permit or a high impact permit prevented
The County's conduct was intentional, willful, and taken in disregard of the rights of others.
Declares that the actions of Montezuma County described herein constitute a violation of the
Requires such action by Montezuma County as may be necessary to restore all persons aggrieved
Assesses a civil penalty against Montezuma County in an amount of money authorized by 42
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