Summons Served by Town to OHV Petition Sponsors

On May 24, the Town of Lake City, with the assistance of town lawyers Masters & Viner, served summons paperwork to John Coy and Larry Iiams, sponsors for the petition to prohibit Off Highway Vehicle (OHV) use within the Town of Lake City.
Ordinarily, the defendants would be given twenty-one days to respond to such a summons, but an Order Reducing Response Time was also filed, allowing ten days to file an answer to the complaint.
According to the summons paperwork, because Hinsdale County has been declared a local disaster emergency area due to potential flood and evacuation issues that could impact Lake City, the Town will not be able to reliably send or receive ballots for the special election July 23.
The summons states “postponement of the special election will serve the interests of the electors of the Town, in that every vote that should be counted will be counted.”
Hinsdale County has scheduled a regular election for November 5, 2009, in which the Town may participate as a coordinated election, pursuant to C.R.S. 1-7-116.
Based on these items, the Town is requesting declaratory relief pursuant to the Colorado Declatory Judgements law, C.R.S. 13-51-101 and Rule 57, which requests that the Court determine that given the present emergency circumstances, postponement of the special mail ballot would serve the interests of the electors of the town, and an order declaring that the July 23 special election would be continued to November 5.