HomeMy WebLinkAbout2022CV30661 - Sanctuary Field Neighborhood Network, et al, v. Council of the City of Fort Collins - 021 - Solitaire Supplement to Answer BriefDISTRICT COURT, LARIMER COUNTY,
COLORADO
201 La Porte Ave., Suite 100
Ft. Collins, Colorado 80521
____________________________________
720.865.8307
Plaintiffs:
Sanctuary Field Neighborhood Network, a
Colorado nonprofit corporation; and Miranda
Spindel;
v.
Defendant:
Council of the City of Fort Collins; and
Intervenors Solitaire Homes East, LLC and
Solitaire Homes, LLC
COURT USE ONLY
Counsel for Intervenors, Solitaire Homes East,
LLC and Solitaire Homes, LLC
Andrew J. Petrie, #11416
Andrew Valencia, #54691
BALLARD SPAHR LLP
1225 17th St., Ste. 2300
Denver, CO 80202
(303) 292-2400
petriea@ballardspahr.com
valenciaa@ballardspahr.com
Case Number: 2022CV30661
Division 5A Courtroom
SOLITAIRE’S SUPPLEMENT TO ITS ANSWER BRIEF
Based on the City Council’s amendment of the Record, Solitaire Homes East,
LLC and Solitaire Homes, LLC (collectively, “Solitaire”) submit this Supplement to their
C.R.C.P. 106(a)(4)(VII) Answer Brief and response to Plaintiffs’ Opening Brief.
On March 6, 2023, Solitaire timely filed its Answer Brief. In its Answer Brief,
Solitaire asserted the Application and Record on this appeal set forth the name of the
DATE FILED: April 4, 2023 8:20 AM
FILING ID: 82957065BFE13
CASE NUMBER: 2022CV30661
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applicant, the owner and manager of the development, as well as the record title
holders, showing they together have the required “power, authority, clear title, good
standing, qualifications and ability to carry out the development” as required by the City
of Fort Collins Land Use Code (“LUC”) Art. 2 div. 2.2.3(C)(1). Solitaire further asserted
the Director that considered the Application and materials the applicants submitted,
using the discretion the LUC affords him, determined the Application was complete and
satisfied the requirements of the LUC.
In doing so, Solitaire relied on page 379 of the Record the Council of the City of
Fort Collins (“City Council”) had served on it. Page 379 evidences a plat and certificate
of dedication of easements from Solitaire Homes LLC and Solitaire Homes East LLC to
the City of Fort Collins.
Plaintiffs filed their Reply on March 20, 2023. In their Reply, Plaintiffs argued that
Record page 379 was unavailable and asked the Court to disregard Solitaire’s citation
and those facts.
On March 29, 2023, the City Council moved to amend the record to include an
inadvertently omitted portion of the Record that included page 379. The Court granted
the City Council’s request on April 1, 2023.
The City Council’s Court-authorized amendment repaired the Record, provided
that portion of the Record on which Solitaire relied, and mooted Plaintiffs’ request that
the Court disregard the citation and the facts it provided. Accordingly, this Court may
properly consider R, p 379, which evidences Solitaire Homes LLC and Solitaire Homes
East LLC as the record owners of the Property. It thus demonstrates that Solitaire Fort
Collins has the necessary standing and authority to proceed with the contemplated
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development, and further shows that the owners on whose behalf it is proceeds have
clear title.
Solitaire therefore requests that this Court disregard Plaintiffs’ argument
premised on the unavailability of the record and further consider R, p 379 in support of
Solitaire’s position that the Record disclosed ownership of the Property and Solitaire’s
clear title.
Dated: April 4, 2023.
Respectfully submitted,
Ballard Spahr LLP
/s/Andrew J. Petrie
Andrew J. Petrie, #11416
Andrew Valencia, #54691
1225 17th St., Ste. 2300
Denver, CO 80202
(303) 292-2400
petriea@ballardspahr.com
valenciaa@ballardspahr.com
Attorneys for Solitaire Homes East, LLC
and Solitaire Homes, LLC
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CERTIFICATE OF SERVICE
I hereby certify that on April 4, 2023, the foregoing SOLITAIRE’S SUPPLEMENT
TO ITS ANSWER BRIEF was filed via the Courts electronic notification system, which
will send notification of same to all counsel of record.
/s/ Sherri L. Clark