BoCo moves to shut down cement plan
Cemex has lost the right to operate its cement plant in Lyons, according to a notice of termination from Boulder County sent April 10.
According to the letter from Community Planning and Permitting Director Dale Case, the termination comes after an increase in truck traffic following the closure of Dowe Flats Quarry in 2022.
“[T]his increase in truck traffic constitutes an enlargement or alteration of the nonconforming use which has the effect of creating a hazard or nuisance off the property, adversely affects the character of the neighborhood, or intensifying the use of the land and its need for services,” the letter reads.
Cemex has 30 days from the notice to either prove that the determination was incorrect, reduce cement plant use or file an appeal with BoCo’s board of commissioners.
Cemex has long been the subject of community controversy and activism efforts to shut the plant down. After the quarry’s closing, the county received complaints from residents about increased use of the plant, and Colorado Department of Transportation subsequently required the company to conduct a traffic study, which demonstrated an increased level of traffic at the plant.
Cemex can continue its operations until a final decision is made.
“Cemex is reviewing the notice issued by Boulder County’s Director of Community Planning & Permitting regarding the land use status of our Lyons Cement Plant and will respond within the next 30 days,” Maryssa Silva, external communications manager for Cemex, wrote in an emailed statement. “Cemex will continue to operate the plant under current operating conditions, producing high-
quality cement without disruption to our hard-working employees or our valued customers.”
Yellow Scene suing Boulder for body cam footage
Yellow Scene Magazine is suing the City of Boulder for body cam footage from the December 2023 police shooting of Jeanette Alatorre.
“Boulder touts its recent Reimagine Policing plan, but refusing to comply with state-law accountability requirements isn’t the reimagination we had hoped for,” said attorney Dan Williams, lead counsel for the magazine, in a press release.
The suit claims that the City violated the Integrity Act, which requires local law enforcement agencies to “release, upon request, all unedited video and audio recordings of the incident” within 21 days of receiving a request for release of recordings.
According to the suit, City officials asked Yellow Scene for more than $8,000 after the magazine requested body and dash cam footage of the incident Feb. 2. Williams then requested a shorter video segment, and the City responded saying it would cost more than $1,400. In March, Yellow Scene re-requested the footage, specifically citing the Integrity Act, and Boulder said release would require a payment of more than $2,800. The same month, the City posted a narrated and edited version of the video online.
Boulder’s director of communication and engagement, Sarah Huntley, said in an email that the City has received notice of the suit and is currently evaluating it.
“While we have a different perspective on the statements and allegations made in the lawsuit, this is pending litigation,” she wrote. “As such, we will make our case and respond through filings and hearings that are part of the formal court process.”
The suit seeks for the City to release the unedited footage at no cost so that “the people of Boulder can judge for themselves whether the Boulder Police Department is using excessive force or wrongfully killing persons on Boulder’s streets.”
In other news…
• Boulder District Judge Robert Gunning halted proceedings in ACLU’s lawsuit against Boulder challenging the City’s camping ban, the Daily Camera reports. Gunning said the U.S. Supreme Court case on Grant’s Pass in Oregon will be “of great precedential value.” The Supreme Court is scheduled to debate that case April 22, and will decide whether it is unconstitutional and “cruel and unusual punishment” to make living outside involuntarily a crime when there is no shelter available.
• Incoming CU Boulder students can expect a 3-4% hike in tuition, the board of regents decided at its April 11-12 meeting. That’s around $360 per year for an in-state student enrolled in 30 credit hours and $1,600 for an out-of-state student. Other student fees will also increase, including residence hall fees (5%), mental health resources (10%) and the student activity fee (2.4%). Combined mandatory fees for undergrads will increase by $44 (2.7%).
• Boulder City Council members voted 7-1 against creating a Civic Area Historic District.