Following are updates regarding the Burrowing Owl case that the City & County Attorney’s Office is pursuing in Broomfield Municipal Court, which alleges that Extraction disturbed burrowing owls on Broomfield Open Space. In both matters, Broomfield prevailed over Extraction’s requests, as summarized below, resulting in the Court reconsidering the case after an earlier dismissal and denying Extraction’s motion to dismiss.
Burrowing Owl Case - Extraction’s Motion to Reconsider Order Reversing Dismissal
On January 7, 2020, the court dismissed the municipal court criminal case against Extraction regarding Extraction having disturbed burrowing owls on Broomfield open space adjacent to Extraction’s well site. On March 2, 2020, the court reversed that dismissal, reinstating the case, after Broomfield filed a motion to reconsider the dismissal. On March 13, Extraction filed a motion requesting the court reconsider the reinstatement, which Broomfield responded to. On March 30, the court issued an order denying Extraction’s motion to reconsider the reinstatement. The March 30 order reconfirmed the court’s ruling that it had made an error in dismissing Broomfield’s case, and that the case shall remain reinstated and active.
Extraction’s Motion to Dismiss Based on Delay
On March 12, 2020, Extraction filed a motion to dismiss the burrowing owl case based on delay, alleging that the time for speedy trial, 90 days in municipal court, had run, and that the statute of limitations, one year in municipal court, had also run, and that therefore the court must dismiss the case and that Broomfield could not then refile it. Broomfield replied and on March 30, the court issued an order denying Extraction’s motion. In that order, the court found that Extraction’s pre-trial motion to dismiss was part of the cause of the delay, the speedy trial clock is now on hold due to COVID-19, and that once the clock restarts, Broomfield has 42 days to bring Extraction to trial.