In filing, city, trucking firm and backers ask for suit to be tossed

The city of Grand Junction, Brady Trucking and one of the trucking company’s advocates say a lawsuit seeking to overturn industrial zoning along the Colorado River lacks merit, and they’ve asked a judge to dismiss the case.

In separate answers filed in Mesa County District Court, City Attorney John Shaver and senior staff attorney Shelly Dackonish, along with Michael Russell and Jarrod Pearson, lawyers for Brady Trucking and Diane Schwenke, generally deny allegations raised by opponents of industrial zoning for Brady Trucking’s nearly 13 acres near 27 1/2 and C 1/2 roads.

Attorney Harry Griff and notary public Candi Clark have asked Chief District Judge David Bottger to overrule City Clerk Stephanie Tuin, who disqualified signatures on a petition seeking to allow voters to decide how the property should be zoned.

Schwenke filed a protest of the petition.

Tuin previously ruled that Clark, a member of Concerned Citizens for Protecting Downtown Riverfront Zoning, had a disqualifying interest in the petition because she notarized a page that she also had signed as a petitioner. Tuin threw out the 18 signatures on the section signed and notarized by Clark, leaving petitioners short of the minimum number required to refer the matter to voters.

Griff and Clark argue that Tuin abused her discretion.

They contend Tuin refused to consider additional signatures that petitioners collected to make up for the disqualified ones, even though city representatives, including Mayor Gregg Palmer, assured them they would have the ability to collect more. Shaver and Dackonish denied that claim in the answer they filed.


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