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Longmont Files Motion To Dismiss Mile-Hi Lawsuit

Longmont vigorously disputes all of the legal conclusions asserted in the complaint

Post Date:03/28/2019 4:14 PM
The City of Longmont has filed a motion to dismiss (MTD) a complaint filed by Mile-Hi Skydiving Center. 

The City’s motion makes four arguments: 
• the court lacks jurisdiction over grant compliance issues
• there is no private right of action to enforce the grant assurances
• the court lacks jurisdiction to issue a preliminary injunction while Mile-Hi pursues its Part 16 complaint, and 
• the Declaratory Judgment claim is premature and not justiciable. 

The City’s detailed arguments can be read in the MTD. See Motion to Dismiss

The City also filed a motion to expedite, asking the Court to shorten the briefing schedule and decide the MTD before a hearing is held on the preliminary injunction (PI) Mile-Hi is seeking (currently scheduled for April 29). If the Court agrees with the City that it lacks jurisdiction over this matter, there would be no need for a hearing in a matter that is appropriately adjudicated by the FAA.

About Longmont, Colorado 
Longmont, Colorado, is a 29-square-mile city with more than 300 days of sunshine and a spectacular vista of the Rocky Mountains. With a population of 96,192, Longmont sits at an elevation of 4,979 feet above sea level. With more than 1,800 acres of parks and open space, a robust craft beer scene, thriving art culture, fresh dining opportunities, and a Main Street teeming with new energy, Longmont is perfect for everyone from young families to those young at heart. Longmont is also home to several high-tech companies and a nationally recognized school district. Longmont is located in Boulder County conveniently situated 37 miles from Denver, 16 miles from Boulder and 30 miles from Rocky Mountain National Park.
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