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HomeMy WebLinkAboutR84-25 amicus curiae in lawrence v. lead-deadwood schoolr Commissioner %?O77- moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84- RESOLUTION REQUESTING THE INCLUSION OF THE COUNTY OF EAGLE, STATE OF COLORADO, AS A NAMED PARTY ON THE BRIEF AMICUS CURIAE OF THE NATIONAL ASSOCIATION OF COUNTIES BEFORE THE U.S. SUPREME COURT IN THE LAWRENCE COUNTY V. LEAD - DEADWOOD SCHOOL DISTRICT CASE WHEREAS, the payments -in- lieu -of -taxes ( "PILT ") Act, and its legislative history, vests total discretion in the counties with respect to the distribution of PILT funds, and the states may not dictate the manner of distribution; and WHEREAS, currently before the U.S. Supreme Court is an appeal, Lawrence County, et a1. V. Lead - Deadwood School District No. 40.1, concerning the purposes and objectives of the PILT Act; an WHEREAS, in that appeal, the U.S. Supreme Court will determine whether or not a state can direct how counties distribute their PILT payments; and WHEREAS, Lawrence County, South Dakota, is urging on appeal that a state may not so direct PILT payments and seeks reversal of the decision affirming such state authority by the South Dakota Supreme Court; and WHEREAS, the National Association of Counties ( "NACo ") is filing a brief amicus curiae in the U.S. Supreme Court supporting the position o—Lawrence County and urging reversal of the decision of the South Dakota Supreme Court; and WHEREAS, NACo has requested those counties in Colorado and other states supporting the position of NACo in this matter to authorize the inclusion of their respective county as a named party on NACo's brief amicus curiae; and / I I 7 WHEREAS, an adverse decision of the U.S. Supreme Court affirming the decision of the South Dakota Supreme Court will have substantial detrimental impacts on the financial framework utilized by the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), to fund the various governmental services and functions under its control and statutory responsiblity. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board fully supports Lawrence County in its appeal pending before the U.S. Supreme Court, and the decision of NACo to file a brief amicus curiae before the U.S. Supreme Court in support of Lawrence County and urging reversal of the decision of the South Dakota Supreme Court. THAT, the include the County on NACo's brief am the Lawrence Count Board hereby respectfully requests NACo to of Eagle, State of Colorado, as a named party cus curiae before the U.S. Supreme Court in v. Lead - Deadwood School District case. THAT, the Board hereby directs the Eagle County Manager to forward an original of this Resolution to representatives of NACo and Colorado Counties, Inc. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County o Eagle, State of Colorado, at its regular meeting held the�3 1 day of May, 1984. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS BY: ! � By: erk__o7 th oar o Counmmissioners Dan Wit lams, Commissioner -2- Commissioner (,y; / /»jytS seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner W. Keith Troxel Commissioner David E. Mott Commissioner Dan Williams This Resolution adopted by (,OIAIVr1'761 {-5 vote of the Board of County Commissioners of the County o Eagle, State of Colorado. -3-