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Boulder County District Judge Thomas F. Mulvahill granted a temporary restraining order keeping the city of Longmont from touching a city-owned cottonwood tree.
Boulder County District Judge Thomas F. Mulvahill granted a temporary restraining order keeping the city of Longmont from touching a city-owned cottonwood tree.
Boulder County District Judge Thomas F. Mulvahill granted a temporary restraining order keeping the city of Longmont from touching a city-owned cottonwood tree.
District Court, Boulder, County, Colorado ra
Court Address: 1777 6" Street
Boulder, CO 80301
ED: March 17,2017
Plaintiffs:
KENT S. AND PATRICIA A. MCDONALD
v. 4 court use onLy 4
Defendant: Case Number: 2017030260
CITY OF LONGMONT
Division: 5 Courtroom: L
TEMPORARY RESTRAINING ORDER
THE COURT, having reviewed Plaintiff's Verified Motion for Restraining Order and
Preliminary Injunction Pursuant to C.R.C.P. 65 and C.R.C.P. 106, hereby FINDS and ORDERS:
1. It clearly appears from the specific facts shown by the verified complaint that
immediate and irreparable injury, loss, or damage will result to the Plaintiffs before Defendant
can be heard in opposition, The Defendant has stated its intention to remove the cottonwood tree
presently located in front of the Plaintiff's residence at 422 Pratt Street, Longmont, Colorado
during the week of March 20, 2017. Plaintiffs will sustain irreparable injury if the Defendant is
permitted to remove the cottonwood tree presently located in front of their residence at 422 Pratt
Street, Longmont, Colorado before the Plaintiffs’ rights to preliminary injunctive relief are
adjudicated,
2. Therefore, a Temporary Restraining Order is issued pursuant to C.R.CP. 65(b)
prohibiting Defendant from removing or otherwise disturbing the cottonwood tree presently
located in front of the residence at 422 Pratt Street, Longmont, Colorado until the motion for
preliminary injunetion may be heard.3, Plaintiff shall immediately post security in the amount of $10.00 with the Clerk of
the Court.
4, This matter is hereby set for a hearing on Plaintiff's motion for preliminary
injunction on Wednesday, March 22, 2017 at 9:00 am. in Division 5/Courtroom L of the
Boulder District Court.
5, This Temporary Restraining Order shalll expire on March 22, 2017 at 5:00 p.m. or
‘upon express order of the Court.
SO ORDERED this /7 day of March, 2017 at _8 #06 fom
BY THE COURT:
Thomas F. Mulvahill
District Court Judge