Colorado Complaint to Vacate and / or Alter a Recorded Plat and for other Relief

State:
Multi-State
Control #:
US-01630
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint to alter or vacate a previously recorded subdivision plat. It is alleged that the plat has been abandoned and should be altered or cancelled. Adapt to fit your needs and circumstances, and your state's procedural rules.
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  • Preview Complaint to Vacate and / or Alter a Recorded Plat and for other Relief
  • Preview Complaint to Vacate and / or Alter a Recorded Plat and for other Relief
  • Preview Complaint to Vacate and / or Alter a Recorded Plat and for other Relief

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The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.

When a governmental body has breached its legal duties, writs of mandamus provide an avenue of potential relief. If successful, the result of a mandamus petition is a judicial order commanding the governmental body to perform required action or correct the breach.

Rule 105 - Actions Concerning Real Estate (a)Complete Adjudication of Rights. An action may be brought for the purpose of obtaining a complete adjudication of the rights of all parties thereto, with respect to any real property and for damages, if any, for the withholding of possession.

The granting of a motion authorizing a foreclosure shall be without prejudice to the right of any person aggrieved to seek injunctive or other relief in any court of competent jurisdiction, and the denial of any such motion shall be without prejudice to any other right or remedy of the moving party.

Rule 106(a)(2) ? Compelling a Non-Discretionary Action Rule 106(a)(2) is an action to compel a body or person, including a governmental body, to perform a non-discretionary or mandatory action; this is similar to a writ of mandamus under common law. Judgments in favor of the claimant can include damages.

If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part ? or any other writing or recorded statement ? that in fairness ought to be considered at the same time.

(Rule 106 applies only to evidence that ought in fairness to be considered contemporaneously with the proponent's evidence, and does not necessarily require that the entire document be admitted into evidence; however, when a misleading impression might be created by introducing a document without accompanying documents ...

Excusable neglect is a term associated with legal proceedings, notably in bankruptcy cases, that includes inadvertence, mistakes, carelessness, or any other intervening circumstances beyond a party's control. A court has the discretion to allow a party to file a motion after the deadline if it finds excusable neglect.

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Colorado Complaint to Vacate and / or Alter a Recorded Plat and for other Relief