From the Denver Business Journal (Dennis Huspeni):
The Chatfield Community Association last month filed an appeal under Rule 106 of the Colorado Rules of Civil Procedures, asking a district judge to review the commissioners’ July decision to approve the development plan…
The new challenge, filed by Denver attorney James Kreutz, alleges that Sterling Ranch application couldn’t be changed to the “pending status” after 18th Judicial District Judge Paul King ruled in the first case that Douglas County commissioners erred when they agreed to rezone the 3,400-acre site in 2011. Chatfield’s new challenge echoes King’s language in his order, stating the commissioners acted “arbitrarily, capriciously and with an abuse of discretion” when approving the application in July…
The 106 challenge also alleges commissioners “failed to act in an unbiased manner” by “engaging paid lobbyist to enact legislative changes intended to aid the Applicant.”
Commissioners, through County Attorney Lance Ingalls, denied they acted improperly and asked the court to dismiss the complaint “for lack of subject matter jurisdiction.” They asked the judge to not only rule in favor of Douglas County, but also order the association to pay the county’s attorneys fees and costs.
District Judge Richard Brewster Caschette has allowed Sterling Ranch to intervene in the case, according to a Sept. 11 order.
Harold Smethills, president and CEO of Sterling Ranch, said the appeal won’t stop the development. “They want a do-over,” Smethills said. “They’re hopeful that by suing the county, they might get lucky and get a do-over. … We’re just going ahead.”
More Sterling Ranch coverage here.