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
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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
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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.
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