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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 - 033 - Motion To Amend1 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 Ingrid E. Decker (#28594) Senior Assistant City Attorney Fort Collins City Attorney’s Office 300 LaPorte Ave. Fort Collins, Colorado 80521 Telephone: 970-416-2553 Email: idecker@fcgov.com Case No. 21CV30426 Courtroom: 5B PLAINTIFF’S UNOPPOSED MOTION TO AMEND COMPLAINT 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, files this unopposed motion to amend its complaint. Rule 121 Conferral. I spoke with Aaron Million by telephone on January 3, 2022, about the requested relief. Mr. Million indicated that he did not oppose the requested relief. Mr. Million also DATE FILED: January 10, 2022 4:00 PM FILING ID: BAFDDFCBE0235 CASE NUMBER: 2021CV30426 2 indicated that he did not believe Jordan Fox-Million would oppose the requested relief. I followed up by email to Mr. Fox-Million on January 3, January 4, and January 6, 2022. Mr. Fox-Million has not provided a telephone number that I can use to contact him. However, on January 7, 2022, Mr. Fox-Million informed me by email that he does not oppose the requested relief. I. Relevant Background Plaintiff City of Fort Collins (“City”) filed its complaint for declaratory judgment, quiet title, and trespass (“Complaint”) on June 9, 2021. Generally speaking, the Complaint seeks to quiet title to a disputed parcel of land (“Disputed Parcel”) in the City’s favor. Among the defendants to the action is Arlo Richardson a/k/a Arlo Lee Richardson (“Richardson”). On December 15, 2021, Mr. Richardson recorded a special warranty deed conveying his purported interest in the Disputed Parcel to Fox-Million Farms, LLC. See Exhibit 12 to the proposed First Amended Complaint. Mr. Richardson then disclaimed his interest in the Disputed Parcel via his December 23, 2021, filing of a Notice of Disclaimer of Interest in Real Property at Issue. II. Law on Amending Pleadings Pleadings may be amended “only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.” C.R.C.P. 15(a). C.R.C.P. 15(a) “prescribes a liberal policy of amendment and encourages the courts to look favorably on requests to amend.” Varner v. District Court, 618 P.2d 1388, 1390 (Colo. 1980). Permitting amendment is appropriate when the facts in the proposed amendment relate to the original allegations and if the request is made before trial is set. See id. Denying a motion to amend may be appropriate if there is “resulting delay, undue expense or other demonstratable prejudice to opposing party.” Id. 3 III. Argument One purpose of a quiet title action is to completely adjudicate the rights of all parties with respect to real property. C.R.C.P. 105(a); see also C.R.C.P. 57(a). A complete adjudication of each party’s rights cannot be made as to the Disputed Parcel without the inclusion of a purported owner. Also, Fox-Million Farms, LLC may continue acts of trespass on the Disputed Parcel. Judicial resources would be better used to address all parties claiming an interest in the Disputed Parcel now, as opposed to in a separate lawsuit solely against Fox-Million Farms. Further, upon information and belief, Fox-Million Farms, LLC is an entity controlled solely by Jordan Fox-Million—Mr. Fox-Million is already a defendant in this action. Accordingly, no party will be unduly prejudiced by allowing the City to amend its Complaint. Finally, allowing the amended complaint will permit full resolution of the dispute at the heart of this action. WHEREFORE, the City requests that the Court permit it to amend its complaint to add Fox-Million Farm, LLC as a defendant. A redlined copy of the City’s proposed first amended complaint is attached for the Court’s consideration. DATED this 10th day of January 2022. 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 4 CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on this 10th day of January 2022, a true and correct copy of the above and foregoing PLAINTIFF’S MOTION TO AMEND COMPLAINT was served as follows: Ingrid Decker City Attorney’s Office 300 LaPorte Avenue Fort Collins, Colorado 80522 Co-Counsel for Plaintiff Via CCE Crystal J. McDonough Scott Slawson McDonough Law LLC 1635 Foxtail Drive Loveland, Colorado 80538 Counsel for Defendant Richardson Via CCE Aaron Million 1436 West Oak Fort Collins, Colorado 80521 Via U.S. Mail and email to million_1@hotmail.com Million Agricultural Investments, Ltd. PO Box 25 Montrose, Colorado 81401 Via U.S. Mail Alden V. Hill Hill and Hill, LLC 160 W. Mountain Ave. Fort Collins, Colorado 80522 Counsel for Defendant Pleasant Valley and Lake Canal Company Via CCE Jordan Fox-Million 1436 West Oak Fort Collins, Colorado 80521 Via U.S. Mail and email to jordanfoxmillion@gmail.com /s/ Mariana Walters* For Johnson Muffly & Dauster, PC *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.