As you are aware the Eagle County Commissioners recently affirmed a determination that Concerted Care Group's (CCG) proposed uses of the Lodge and Village Center Parcels represented a permitted use under the Cordillera PUD. Rule 106 of the Colorado Rules of Civil Procedure expressly allows interested parties to pursue a judicial appeal of the County Commissioners' determination.
The CPOA/CMD exercised their rights under Rule 106 to pursue a judicial appeal through the filing of the attached Complaint, which the CPOA/CMD filed in the Eagle County District Court on November 8. The CPOA/CMD's judicial appeal was assigned to Judge Frederick W. Gannett and assigned Case No. 2016CV30363.
The CPOA/CMD's arguments in the judicial appeal remain focused on the uses permitted by the Cordillera PUD. As set forth in the Complaint, the CPOA/CMD believes the County Commissioners' exceeded their jurisdiction, abused their discretion and acted in an arbitrary and capricious manner when they affirmed the Director's Interpretation that CCG's proposed uses represented a permitted use in the Cordillera PUD because the evidence provided to the County Commissioners demonstrates:
- The use of the Lodge and Village Center Parcels for the purposes of operating both an addiction treatment center and related residential rehabilitation facility fails to meet the express definition of any Permitted Use allowed on the Lodge and Village Center Parcels pursuant to the Cordillera PUD;
- The use of the Lodge and Village Center Parcels for the purposes of operating both an addiction treatment center and related residential rehabilitation facility violates the express "purpose" and "intent" of the Cordillera PUD and the 2009 PUD Amendment, and the County Commissioners failed to properly consider and give effect to such purpose and intent in interpreting the Cordillera PUD;
- Despite acknowledging an ambiguity exists in the language of the Cordillera PUD that resulted from the 2009 PUD Amendment, the County Commissioners failed to properly consider and give effect to the legislative intent when construing the statutory ambiguity; and
- The County Commissioners affirmation of the Director's Interpretation resulted in a major modification to the Cordillera PUD by causing a significant alteration of the character of the Lodge and Village Center Parcels without the required amendment of the Cordillera PUD.
The CPOA/CMD therefore contend that the County Commissioners' affirmation of the Director's Interpretation was: contrary to the evidence in the record; contrary to the express language of the Cordillera PUD and the Land Use Regulations; and contrary to Colorado law. The CPOA/CMD therefore are requesting that the District Court, through the judicial appeal, overturn the County Commissioners' affirmation of the Director's Interpretation.
In addition, Barbara and Jack Benson, Cordillera homeowners, filed the attached Complaint separate and distinct from the CPOA/CMD. The Benson's litigation was also assigned to Judge Gannett and was assigned Case No. 2016CV30361.
The attorneys for the parties will next confer regarding the claims/defenses in litigation and the filing of the record for the District Court to consider in the judicial appeal.
Benson Complaint (Note: A DropBox window will appear in front of the document. You can click on the X in the upper right corner or click on "No Thanks, continue to view" at the bottom to view the file.)