Longmont Files Motion To Dismiss Mile-Hi Lawsuit
Longmont Files Motion To Dismiss Mile-Hi Lawsuit
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.
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.
