The hearing remains open, public comment is still being accepted and the county commissioners have now joined the fight with the developer.
In the ongoing back-and-forth legal “discussion” regarding the complaint filed against the Independence development, Elbert County Commissioners just recently engaged outside legal counsel in filing a joinder with Craft Bandera and Bluegreen Investments supporting a motion to dismiss the complaint.
Last week I received documents from the county in reply to my request for 2017 payment receipts to various legal firms and found a payment of $3575 on Aug 16, 2017 to Berg Hill Greenleaf & Ruscitti described as “Independence Development Consult/Independence PUD Opinion”. Through an additional records request I received documents from Craft/Bandera/Bluegreen and the Elbert County Commissioners dated Nov 21. The Craft document is the latest response to the complainant’s reply to Craft’s and Bluegreen’s original motion to dismiss. The Commissioner’s document is a notice of “joinder” submitted by outside counsel, Berg Hill Greenleaf & Ruscitti. (CLICK HERE)
When the EC Commissioners were initially named in the complaint, they did not respond. Why are they responding now? By this action, the Elbert County Commissioners have “raised the ante” to the taxpaying citizens who oppose this development. By this late legal response they lengthen the hearing schedule requiring additional response and expense for the complainants. Are they finally starting to believe they may be vulnerable? Or, is it just a tactic to diminish the resolve of the complainants and the citizens? Most likely Tim Craft has agreed to reimburse the county for all costs associated with his Independence Project.
Think back to all the issues raised by citizens during the Independence hearings before the Planning Commission in July and the BOCC in September….not following county and state rules, conflicts of interest, refusing to listen to zoning issues, citizens’ property rights, ignoring outside counsel and citizen challenges to the financial viability of the project, declaring major changes as “not material modifications” to the service plans, allowing obfuscation on the issue of shipping water outside the project and outside the county, and many others. There was one evening of public comment allowed and then denied during the subsequent two public sessions. Documents were signed with open actions items and then no public hearing was provided to confirm that required actions were taken as stated.
Please take this opportunity now to voice your concerns in writing to the Elbert County District Court. A public hearing on the Independence Special Districts was conducted on October 5. Judge Spear declared that the hearing would remain open pending a review of the formal complaint that was filed. The Judge was very encouraging and stated that he desired to hear from more citizens. If you attended the hearings in July and September and came away discouraged, please recount for the Court your experience and impression. I suggest keeping it polite, brief, and to the point.
I attended the hearing on October 5, briefly spoke at the hearing, and wrote a follow-up letter to the Court. Please, write to the Court with your concerns. The Clerk to the Court confirmed last week that the hearing on Independence remains open and that letters from the public would be accepted and placed in the case file for the Court’s review. Letters must be mailed or hand delivered to the Clerk of the Court. They will not accept emails or FAX.
Mail your letters to:
Combined Courts of Elbert County
751 Ute Avenue, PO Box 232
Kiowa, CO 80117
ATTN: The Honorable Judge Michael Spear
RE: Independence Special District Hearing
Case Number(s): 202017CV30061-66, inclusive
You must include the case numbers.
-- Susan Shick