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Lafayette postpones decision to appeal ruling on ban

The Lafayette City Council has delayed its decision to appeal a judge’s ruling that overturned a voter-approved ban on hydraulic fracturing operations in the city, according to Colorado Hometown Weekly.

Only four city council members were present for Tuesday’s meeting when the decision was made to set the issue aside until the next meeting on Oct. 22. Councilwoman Alexandra Lynch expressed that there was no urgency to make a decision that night and urged the other members to wait until more council members were present.

The council requested that City Attorney David Williamson create a resolution detailing the city’s reasons for not appealing the judge’s decision, but the council members present for Tuesday’s meeting did not review the draft.

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Williamson’s resolution states:

“Considering the chances of a successful appeal of Judge Mallard’s decision regarding the charter amendment, the expenses associated with an appeal and the other financial needs of the city, and future opportunities available to the city to craft local legislation that will protect the citizens of Lafayette from the adverse effects of oil and gas exploration activities that will follow the appeals by other cities and recommendations of the Governor’s Task Force, City Council directed its special legal counsel … to not pursue an appeal … .”

Last November Lafayette voters approved a charter amendment called the “Lafayette Community Rights Act” that banned oil and gas development within city limits. On Aug. 27 Boulder District Judge D.D. Mallard overruled the ban, dismissing it because the charter defied state law. Mallard also dismissed a voter-approved fracking ban in the city of Longmont.

Click here to read the full report.

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