District Court, Boulder, County, Colorado

Court Address: L777 6th Street

Boulder, CO 80301

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
,l i Lt;rlf ii1i";=, ii ;I i :i. i l.i:=i:,.,:. i.r ill:

VERIFIED MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY

INJUNCTION PURSUANT TO C.RC.P.65 AI\D C.R.C.P. 106

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:

Correspondence dated March 15,2017 to Assistant City Attorney Daniel E. Kramer

in response to City of Longmont's correspondence indicating final decision to
remove the cottonwood beginning the week of March 20,2017.

8. Plaintiffs have a reasonable probability of success on the merits of the case as

shown by the facts and law described in the Verified Complaint filed herewith.

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.

WHEREFORE, Plaintiffs request injunctive relief as follows:

a) That Defendant, its agents and attomeys-in-fact be enjoined from removing or

otherwise disturbing the cottonwood presently located at 422 Pratt Street, Longmont,
Colorado until Plaintiffs are afforded a trial on the merits regarding their Verified
Complaint for Declaratory Judgment.

b) For such other relief as the Court may deem appropriate.

Dated this l6th day of March,2Ol7.

Respectfully submitted,

SHEA L. B

Shea L. Burchill, #3Y458

Attorney for the Plaintiffs
 VERIFICATION

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.

&r^-V d rft,fu,r,,#
Kent S. McDonald \

Subscribed and affirmed, or sworn to before me in the County of Boulder, State of

Colorado, this l ay of March,2017.

corJNTY OF BOTJLDER )

srArE oF coLoRADo ltt

I
f (r1 L,L { i,.i int
otary Pubhc
REBECCA WEINZIRL My cofirmission expires:
NOTARY PUBLIC
STATE OF COLORADO
NOTARY lD # 20124A331 76
MY 0oMMlgg|oN EXFiREqg?,81

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:

Longmont City Attorney

408 Third Avenue
Longmont, CO 80501