![dave erickson esq colorado dave erickson esq colorado](https://radaris.com/i/39e3633092ba48b170ca2f909005ddb3.jpg)
Arkansas Valley Sugar Beet & Irrigated Land Co.
![dave erickson esq colorado dave erickson esq colorado](https://www.denverpost.com/wp-content/uploads/2019/05/TDP-L-Devon-Erickson-051520-FJA-_FJA8228a.jpg)
It is a general rule of law that judgments must be entered in conformity with prescribed procedures. The court was without lawful authority on October 28, 1957, to enter a final judgment providing for a permanent injunctionsuch judgment was void. Under the terms of the summons and Rule 12(a), R.C.P.Colo., Erickson, assuming that service of process was had on him, had until November 4, 1957, to appear and answer. It is at once apparent that if Erickson had been lawfully served on October 15, 1957, the court was lacking in authority to enter a final judgment on October 28, 1957, which was seven days prior to the expiration of the time fixed in the summons and by rule for Erickson to appear.
![dave erickson esq colorado dave erickson esq colorado](http://ericksonphotography.net/wp-content/uploads/2017/08/SDakota-3-of-4.jpg)
Such written decree was prepared, signed and filed Octothe decree follows generally the pronouncement from the bench and goes a step further and permanently enjoins Erickson and directs him to remove all construction not in conformity with the zoning ordinance governing "A-Residential District."Įrickson is here by writ of error seeking reversal.
#DAVE ERICKSON ESQ COLORADO TRIAL#
On October 25, 1957, hearing was had on Groomers' application for a preliminary injunction, and on that date the trial judge announced his decision from the bench and found the variances and permits void, restrained further building, and directed the part constructed by Erickson torn down, dispensed with a motion for a new trial, and directed Groomers' attorney to prepare a written decree. Purported service on Erickson was not had until October 15, 1957. All defendants, except Erickson, were served on September 13th, 14th or 16th. *297 This action was commenced on September 14, 1957, to have the variances and building permits declared illegal and void and to restrain Erickson and Ehrenkrook from building, to restrain the Building Inspector and Board of Adjustment from proceeding further under said variances, and to cancel the variances granted and the permits issued. Prior to the filing of this action, building permits had been issued pursuant to the variances, and Erickson had commenced construction by excavating for the foundation and Ehrenkrook had expressed his intention to start construction.
![dave erickson esq colorado dave erickson esq colorado](https://i.ytimg.com/vi/QMv25WjVkJ0/hqdefault.jpg)
Prior to the filing of this action, the defendant in error, the Board of Adjustment, had granted variances authorizing Erickson to construct a "14-unit multi dwelling" on his lots and authorizing Ehrenkrook to construct a "24-unit structure and 24-unit carport" on his lots. Erickson, the Groomers and Ehrenkrook all owned lots in close proximity to each other, located in the Town or City of Westminster all of the lots had been zoned "A-Residential District" which zoning did not permit the construction of apartment houses. Sherman, William Pehr, Denver, for plaintiff in error.Ĭreamer & Creamer, Denver, for defendants in error Groomer. Klaus, David Leclair, Frank Klumb, and Richard Lonnecker, Being and Constituting the Board of Adjustment Zoning of the City or Town of Westminster, Colorado, Defendants in Error. Groomer, Evert Drumright, Individually and as Building Inspector of Westminster, Colorado Billy Reed, Gerald J.