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HomeMy WebLinkAbout2021CV30426 - City Of Fort Collins V. Aaron Million, Jordan Fox-Million; Million Agricultural Investments, Ltd., Arlo Richardson Aka Arlo Lee Richardson; The Pleasant Valley And Lake Canal Ditch Company - 001 - Complaint1 District Court, Larimer County, Colorado 201 Laporte Avenue, Suite 100 Fort Collins, Colorado 80521 (970) 494-3500 Court Use Only Plaintiff: CITY OF FORT COLLINS, a Colorado home rule municipality, v. Defendants: AARON MILLION a/k/a AARON P. MILLION; JORDAN FOX-MILLION; MILLION AGRICULTURAL INVESTMENTS, LTD., a Colorado limited partnership; ARLO RICHARDSON a/k/a ARLO LEE RICHARDSON; THE PLEASANT VALLEY AND LAKE CANAL DITCH COMPANY; and ALL UNKNOWN PERSONS WHO CLAIM AN INTEREST IN THE SUBJECT MATTER OF THIS ACTION. Attorneys for Plaintiff Peter J. Dauster (#37139) Daniel M. St. John II (#46653) Johnson Muffly & Dauster, PC 323 South College Avenue, Suite 1 Fort Collins, Colorado 80524 Telephone: 970-482-4846; FAX: 970-482-3038 pdauster@nocolawgroup.com * dstjohn@nocolawgroup.com Case No. Courtroom: COMPLAINT FOR DECLARATORY JUDGMENT, QUIET TITLE, AND TRESPASS COMES NOW plaintiff City of Fort Collins, by and through Peter J. Dauster and Daniel M. St. John II of Johnson Muffly & Dauster, PC and Senior Assistant City Attorney Ingrid E. Decker of the Fort Collins City Attorney’s Office, to state the following Complaint for Declaratory Judgment, Quiet Title, and Trespass: PARTIES, VENUE, AND JURISDICTION 1. Plaintiff City of Fort Collins (“City”) is a home rule municipality of the State of Colorado organized and existing under a home rule charter pursuant to Colo. Const. art. XX. The City’s address is 300 W. LaPorte Avenue, Fort Collins, Colorado 80521. 2. This quiet title action focuses on real property located in Larimer County and legally described in attached Exhibit 1 (“Parcel II”). DATE FILED: June 9, 2021 3:38 PM FILING ID: 13BB643571A1B CASE NUMBER: 2021CV30426 2 3. Defendant Aaron Million a/k/a Aaron P. Million (“Million”) is an individual residing at 1007 N. Overland Trail, Fort Collins, Larimer County, Colorado 80521. 4. Defendant Jordan Fox-Million (“Fox-Million”) is an individual residing at 1007 N. Overland Trail, Fort Collins, Larimer County, Colorado 80521. 5. Defendant Million Agricultural Investments, Ltd. (“Million Agricultural”) is a Colorado limited partnership with a principal office address at 245 S. Cascade Ave., Montrose, Colorado 81401. 6. Defendant Arlo Richardson a/k/a Arlo Lee Richardson (“Richardson”) is an individual residing in Weld County, Colorado. Richardson owns real property located to the east of the Parcel II and legally described on the deed attached as Exhibit 2 (“Richardson Property”). 7. Defendant The Pleasant Valley and Lake Canal Company (“PVLC”) is a Colorado nonprofit corporation with a principal office at 160 W. Mountain Avenue, Fort Collins, Colorado 80524. PVLC owns the canal that forms the boundary between Parcel II and the Richardson Property (“PVLC Canal”). 8. There may be persons interested in the subject matter of this action whose names cannot be inserted herein because the names are unknown to the City, although diligent efforts have been made to ascertain the names of such persons. Those persons have been made Defendants and designated as “all unknown persons who claim an interest in the subject matter of this action.” 9. This action concerns the City’s real property and the determination of ownership of real property located in Larimer County, as well as tortious conduct that occurred in Larimer County. Accordingly, venue is proper under C.R.C.P. 98(a) and (c)(5). 10. The Court has jurisdiction under Colo. Const. art. 6, § 9 and C.R.S. § 13-1-124. GENERAL ALLEGATIONS 11. In November 2007, the City brokered a deal to purchase real property located west of North Overland Trail between Horsetooth Reservoir and Claymore Lake in the Reservoir Ridge Natural Area (generally, “City Property”) from the Colorado State University Research Foundation, Inc. (“CSURF”). 12. The Board of Governors of the Colorado State University System, as the successor in interest to the State Board of Agriculture (“CSU”), conveyed the two parcels of land making up the City Property to CSURF via a Quit Claim Deed dated November 19, 2007, and recorded with the Larimer County Clerk and Recorder’s office at reception number 20070087381 on November 26, 2007 (“City Property Deed”). Exhibit 3 is an accurate copy of the deed conveying the City Property from CSU to CSURF. 13. After receiving the City Property from CSU, CSURF then conveyed the City Property to the City via two deeds, one for each parcel. 3 14. CSURF conveyed approximately 265 acres (“Parcel I”) to the City via a Special Warranty Deed dated November 20, 2007, and recorded with the Larimer County Clerk and Recorder’s office at reception number 20070087382 on November 26, 2007 (“Parcel I Deed”). Exhibit 4 is an accurate copy of the deed conveying Parcel I from CSURF to the City. 15. CSURF conveyed Parcel II, consisting of approximately 2 acres, to the City via a Quit Claim Deed dated November 20, 2007, and recorded with the Larimer County Clerk and Recorder’s office at reception number 20070087383 on November 26, 2007 (“Parcel II Deed”). Exhibit 5 is an accurate copy of the deed conveying Parcel II from CSURF to the City. 16. The real property conveyed from CSURF to the City by the Parcel II Deed is Parcel II, which is the subject to this quiet title action. 17. Parcel II is bounded on the east by the PVLC Canal, which separates Parcel II from the Richardson Property. The remaining sides of the City Parcel are bounded by property owned by the City. Exhibit 6 is a representation of Parcel II in relation to Parcel I, the Richardson Property, and other City-owned land. 18. Million, Fox-Million, Million Agricultural, and Richardson each claim an ownership interest in Parcel II. 19. Million, Fox-Million, Million Agricultural, and Richardson each claim an easement or right- of-way on or through Parcel II. 20. Richardson and Fox-Million are parties to a Written Notice of Transfer by Land Contract dated June 6, 2017, and recorded with the Larimer County Clerk and Recorder’s office on July 18, 2017, at reception number 20170047140 (“Contract for Deed”). An accurate copy of the Contract for Deed is attached as Exhibit 7. 21. Richardson and Fox-Million amended the Contract for Deed via a July 11, 2018, Amendment to Contract for Deed recorded with the Larimer County Clerk and Recorder’s office on October 24, 2018, at reception number 20180065238 (“Amended Contract for Deed”). An accurate copy of the Amended Contract for Deed is attached as Exhibit 8. 22. Fox-Million claims an interest in the Richardson Property through the Contract for Deed, as amended by the Amended Contract for Deed. Fox-Million also possesses the Richardson Property pursuant to the Amended Contract for Deed. 23. Upon information and belief, Million, Fox-Million, Million Agricultural, and Richardson claim an interest in Parcel II through a grant of real property from Ernest F. Langholf and Parke D. Langholf Revocable Trust Created by Instrument dated June 25, 1999 (“Langholf Trust”) to Million Agricultural. The deed conveying real property from the Langholf Trust to Million Agriculture was recorded with the Larimer County Clerk and Recorder’s office on October 14, 1999, at reception number 0099090029, an accurate copy of which is attached as Exhibit 9. 24. Parcel II was not part of the Langholf Trust property conveyed to Million Agricultural. 4 25. Instead, before Parcel II belonged to CSU and the City, it was part of real property owned by Clyde White. Mr. White conveyed the portion of his property south and west of the PVLC Canal, which included Parcel I and Parcel II, to the State Board of Agriculture—CSU’s predecessor in interest—via a deed recorded on May 25, 1942, with the Larimer County Clerk and Recorder’s office at Book 740, Page 163, an accurate copy of which is attached as Exhibit 10. 26. Mr. White retained ownership of his remaining property, which included the Richardson Property, until 1943, when he sold it to Nicholas and Catherine Stadelman via a deed recorded on December 7, 1943, with the Larimer County Clerk and Recorder’s office at Book 763, Page 295, an accurate copy of which is attached as Exhibit 11. 27. PVLC has made no claim to hold any interest in any portion of Parcel II. 28. The City owns Parcel II in fee simple superior to any claim of interest by the Defendants. 29. In October 2019, the City surveyed Parcel II. As part of the survey, the City installed stakes along the eastern property line of Parcel II along the PVLC Canal. 30. Million entered onto Parcel II and removed the survey stakes placed by the City. 31. Million, Fox-Million, and Richardson have entered onto Parcel II and have allowed others to enter onto Parcel II. 32. At no point has the City authorized Million, Fox-Million, or Richardson to enter onto Parcel II or to allow others onto Parcel II. FIRST CAUSE OF ACTION (Quiet Title and Declaratory Judgment) 33. The City incorporates all other preceding allegations here. 34. Under C.R.C.P. 57 and 105, the Court has the authority to completely adjudicate the rights of all parties with respect to real estate. 35. The City Property, which includes Parcel II, has been continuously owned by a government entity since 1942, first by the State Board of Agriculture, which was succeeded by CSU, and later by CSURF and then the City. 36. Defendant Million has no claim or interest in or to Parcel II. 37. Defendant Fox-Million has no claim or interest in or to Parcel II. 38. Defendant Million Agricultural has no claim or interest in or to Parcel II. 39. Defendant Richardson has no claim or interest in or to Parcel II. 40. Defendant PVLC has no claim or interest in or to Parcel II. 5 41. All claims of interest in or to Parcel II by Defendants are without legal and factual support. Neither Defendants nor any of Defendants’ predecessors-in-title hold any interest in Parcel II. 42. Alternately, if the Court determines that any Defendant may have held an interest in Parcel II, then the City and its predecessors-in-title have, for a period of more than eighteen years prior to commencement of this action, had sole occupation and use of Parcel II. The occupation and use by the City and the City’s predecessors-in-title of Parcel II has been exclusive, continuous, under claim of right, open, and notorious and adverse to any and all other possible owners, including the Defendants, by making all ordinary uses of Parcel II as an owner. The City and the City’s predecessors-in-title have a good faith basis to believe that they own Parcel II in fee simple. 43. Some or all of the Defendants may claim some right, title, or interest in and to Parcel II adverse to the City’s interest. The claims of any Defendant to the contrary of the City’s rights are without foundation or right. 44. Any interest claimed by the Defendants in Parcel II is inferior to the interests of the City. 45. Therefore, the City is entitled to a declaratory judgment and decree of quiet title determining that the City is the sole owner of Parcel II and that the Defendants have no interest in Parcel II. SECOND CAUSE OF ACTION (Trespass—against Million, Fox-Million, and Richardson) 46. The City incorporates all preceding allegations here. 47. The City owns and has been in lawful possession of Parcel II since November 2007. 48. Million, Fox-Million, and Richardson intentionally entered onto Parcel II while the City owned Parcel II. 49. Million, Fox-Million, and Richardson intentionally caused other individuals to enter onto Parcel II by permitting others to access Parcel II while wrongfully holding themselves out as owners or rightful possessors of Parcel II. 50. Million, Fox-Million, and Richardson, through themselves and the individuals they caused to enter onto Parcel II, have damaged the City by, including but not limited to, removing survey stakes placed by the City and removing or modifying fences on Parcel II. 51. Therefore, Million, Fox-Million, and Richardson are liable to the City for damages in an amount to be proven at trial. No jury demand. WHEREFORE, the City of Fort Collins respectfully requests the following relief: 6 A. For a complete adjudication of the rights of all parties to this action with respect to Parcel II, legally described in Exhibit 1; B. For a decree determining that the Defendants have no interest or claim of any kind whatsoever in Parcel II, and forever barring and enjoining the Defendants from asserting any claim or title thereto, and quieting the title of the City in and to the real property described in Exhibit 1 as to any interest Defendants may have, and adjudging that the City is the sole owner in fee simple and is entitled to possession of said real property; C. For entry of judgment in favor of the City and against Million, Fox-Million, and Richards on the City’s claim for trespass and for entry of an order for damages; D. For the City’s reasonable attorney fees and costs and pre- and post-judgment interest, as applicable; and E. For such other relief as the Court deems proper. DATED this 9th day of June 2021. JOHNSON MUFFLY & DAUSTER, PC _/s/Daniel M. St. John II* Peter J. Dauster (#37139) Daniel M. St. John II (#46653) Attorneys for City of Fort Collins FORT COLLINS CITY ATTORNEY’S OFFICE _/s/Ingrid E. Decker * Ingrid E. Decker (#28594) Senior Assistant City Attorney Attorneys for City of Fort Collins *ELECTRONICALLY FILED: Original signatures maintained pursuant to C.R.C.P. 121 Sec. 1-26 at the offices of Johnson Muffly & Dauster PC and available for inspection by the Court and other parties upon request.