HomeMy WebLinkAbout2020CV30833 - CITY OF FORT COLLINS V. PLANNING ACTION TO TRANSFORM HUGHES STADIUM SUSTAINABLY CORP, ET. AL - 029 - ORDER GRANTING IN PART AND DENYING IN PART MOTION TO AMEND JUDGMENTDistrict Court, Larimer County, State of Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
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THE CITY OF FORT COLLINS, COLORADO, a
Colorado home rule city and municipal corporation,
Plaintiff,
v.
PLANNING ACTION TO TRANSFORM
HUGHES STADIUM SUSTAINABLY CORP., a
Colorado nonprofit corporation; and ELENA M.
LOPEZ; MELISSA ROSAS; and PAUL
PATTERSON, each in their official capacity as a
petition representative of the persons signing the
petition for a citizen-initiated ordinance relating to
the City of Fort Collins rezoning and acquiring
certain real property,
Defendants.
Case No.: 2020 CV 30833
Courtroom: 3B
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO AMEND
FINAL JUDGMENT
The parties have filed a joint motion to amend the final judgment under Colo. R. Civ. P. 59.
The motion covers two items: it seeks (1) amendment of the Order Denying in Part and Granting in
Part Motions for Summary Judgment to reflect that plaintiff City of Fort Collins (“City”) didn’t
concede that a clause in Section 4 of the Initiated Ordinance was legislative; and (2) revision of the
ballot measure to correctly reflect the Court’s rulings in the prior Order and here.
The motion is granted as to item 1. The Order is amended to reflect that the City doesn’t
concede that the clause “cease acquisition efforts” in Section 4 of the Initiated Ordinance is
legislative. As the City notes, it never has conceded that given its pleadings and arguments. The
Court thought that the City was, in fact, conceding that the entirety of Section 4 was legislative, but
it should’ve clarified that point with counsel. In any event, since the motion is joint, it’s granted. The
DATE FILED: February 7, 2021 9:51 AM
CASE NUMBER: 2020CV30833
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Court again thanks counsel for both parties for their professionalism and presentations during
argument.
On item two, the motion is denied to the extent the City seeks amendment of the judgment
to reflect that the clause “cease acquisition efforts” is administrative. The Court already ruled—with
or without the City’s concession—that all of Section 4 is legislative, including the objectionable
clause:
In turn, Section 4 provides that the City can’t de-annex, cease acquisition efforts, or
rezone the Hughes Stadium Property without voter approval. As part of a rezoning
initiative, Sections 3 and 4 are “general and permanent in character,” involving the
promulgation and effectuation of a new land-use policy for the Hughes Stadium
Property. And Section 4 of the Initiated Ordinance makes it crystal clear that the
rezoning can’t be undone, except by another voter-approved ordinance, further
cementing the permanent nature of the policy.
Order at 15–16 (citation omitted); see also id. at 16 (“Section 4 prevents the City from de-annexing or
ceasing acquisition efforts without voter approval.”).
The motion, however, is granted to the extent the parties request that the ballot measure
that’ll be submitted to the electors be amended to correctly reflect the Court’s rulings. It is,
therefore, ordered that the City submit the following ballot measure to the electors:
PROPOSED CITIZEN-INITIATED ORDINANCE
Shall the City enact an ordinance requiring the City Council of the City of Fort Collins
to immediately rezone upon passage of the ordinance a 164.56-acre parcel of real
property formerly home to the Hughes Stadium from the Transition District to the
Public Open Lands District, and requiring the City to acquire the property at fair
market value to use said property for parks, recreation, and open lands, natural areas,
and wildlife rescue and restoration, and further prohibiting the City from de-annexing,
ceasing acquisition efforts or subsequently rezoning the property without voter
approval of a separate initiative referred to the voters by City Council, and granting
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legal standing to any registered elector in the City to seek injunctive and/or declaratory
relief in the courts related to City noncompliance with said ordinance.
YES/FOR _____
NO/AGAINST _____
The Clerk is directed to enter an amended final judgment.
SO ORDERED this 7th day of February, 2021.
BY THE COURT:
______________________________
JUAN G. VILLASEÑOR
District Court Judge