Straight Creek Construction pled guilty to all of the charges (except the DRC charge, which was dropped), and received a deferred judgement. They are being required to do a Best Management Plan (a UBC requirement), pay $2000 towards the town's prosecuting attorney's fees (asked for $5000), plus fines and court costs. There was no requirement for cleaning up the asphalt that they dumped on the property.

SCC attorney, Rob Wheeler, argued that he has been unable to get copies of the pictures that are on file with the town regarding this case. According to Wheeler, the town has offered to provide the copies of the pictures on cd (in color) for $5. Wheeler would like for the town to provide a copy of color prints. Wheeler was also concerned about knowing where the pictures were taken. He argued that if the pictures were taken on his client's property, which is private property, they would be inadmissable based on the 4th Amendment. A yet to be scheduled (depending on the special prosecutor's schedule and the openings that Wheeler had available) meeting will take place regarding the picture and 4th Amendment issues. Wheeler also stated that he had hoped the special prosecutor would be in attendance so that they could discuss settlement.

The town has authorized the approval of a special prosecutor for the case against Straight Creek Construction. The special prosecutor will cost $45 more an hour to prosecute Brooke's company. The prosecutors are currently paid $100/hr.

Straight Creek Construction, represented by Idaho Springs attorney, Robert Wheeler, was in municipal court on January 6, 2004 to face town charges (see below). The town's prosecution has filed a motion to assign a special prosecutor, citing concerns of "prejudice against the people". The town's prosecution has asked the DA's office if they would be willing to prosecute the case, but the DA's office declined due to friendship with the defendants. Another problem is, of course, that Georgetown cannot afford to pay for extra attorney fees to prosecute Brooke's company, so they are faced with finding an attorney who would be willing to exchange attorney hours with the town or work pro bono. The town has about a month to find a special prosecutor, otherwise the town's prosecution will proceed to prosecute the case themselves.

Straight Creek Construct.	03M1714	BMP plan req'd for disturbing activity greater than 1 acre and 1000 cubic yds. (GMC-15.52.030 (a)); permit req'd for land development (GMC-17.04.050); Grading permit req'd (UBC-7003 (a))
Straight Creek Construct.	03M1715	Dumping of waste concrete, asphalt and other refuse (GMC-08.08.010); Storage of unscreened construction equip. (GC-08.04.200(2))
Straight Creek Construct.	03M1716	Continuing violation of GMC-08.08.010, 08.04.200(2), 15.52.030 (2), 17.04.050 and UBC 7003(a) (GC-01.24.040(d)).