Pubdate: Wed, 08 Jul 2015
Source: Cortez Journal, The (CO)
Copyright: 2015 The Cortez Journal
Contact:  http://www.cortezjournal.com/
Details: http://www.mapinc.org/media/3602
Author: Jim Mimiaga

INJUNCTION SOUGHT TO STOP POT PARTY

Event Violates Land-Use Code, County Says

The Associated Press

(AP) - At the request of upset neighbors, Montezuma County 
commissioners will seek a court-ordered injunction to stop a 
bong-a-thon event scheduled for July 31-Aug. 2 along the West Fork River.

Thirty concerned residents attended Monday's commission meeting to 
urge legal action against the pot party, which features competitive 
marijuana smoking and related events.

The Colorado Invitational Bong-a-Thon is expected to exceed county 
standards for traffic and possibly noise, and therefore requires a 
high-impact permit, a planning official said.

The county denied the permit last week because the application was 
incomplete and was not submitted in time to go through the county 
planning process and public comment period.

However, ticket sales are reportedly available online and neighbors 
claim organizers have indicated they plan to move forward with the party.

"They are expected 1,200 people, they've built roads and are ready to 
go," said M.B. McAfee, who has a family cabin near the event. "We're 
asking the county to seek an injunction to stop the event."

The event is on a 50-acre property owned by Ted Clark, according to 
county officials, and is accessed off Colorado 145 via County Road 
38.5 near Stoner. Neighbor Mitch Martin is worried about the safety 
of the access road, and the nature of the event.

"That road is on a blind corner, and there is no turn lane," he said. 
"When people leave who is to say if they will be intoxicated as they 
pull out onto a busy highway, so my concern is public safety."

Nearby neighbor Doreen Garlid said she is concerned about trash from 
the event, damage to wetlands, upsetting the family atmosphere, and 
setting a bad precedent.

"It's frustrating because you denied the permit, but it's still going 
on," she said.

Mike Fitzgerald lives across the highway from the proposed event.

"I live with my family and children, and I'm concerned about the 
criminal element of the event," he said. "I care about property 
rights, but at the same time you are not allowed to do anything that 
endangers the neighbors."

No one spoke in favor of the event. Chris Jetter, the event 
organizer, could not be reached for comment.

The commission agreed to try and stop the bong-a-thon if evidence, 
such as ticket sales, indicated that it was going forward.

"I move that if we find evidence they plan to break our land-use code 
we file for an injunction," said commissioner Larry Don Suckla.

The commission then voted 3-0 to direct county attorney John Baxter 
to seek a court order to stop it. The audience applauded.

The county also discussed whether they have the authority to 
temporarily close the road, except to residents, to prevent the 
unpermitted event.

If the event goes forward and is in violation of the land-use code, a 
summons would be issued, but it's not an arrestable offense, Baxter 
said. The fine would be up to $1,000.
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MAP posted-by: Jay Bergstrom