HomeMy WebLinkAboutHARMONY NEIGHBORHOOD CENTRE P.U.D. - PRELIMINARY - 33-94 - MEDIA - (16)W
By TONY BAIANDRAN
The Coloradoan
A proposed
Harmony Road
under the realm c
moratorium on con
opment, a Larime
trict judge ruled Tu
In a three -pap,
Judge Arnaud Neu
oper James M. St
satisfy the legal
would have made a
junction necessary i
Sullivan had s
iunction to comtx
FORTCOLLINS
TODAY'S M
Much cl
50% ch
High:
Low:
Details,
Soopers won't get royal treat
y
appeal Newton's decision to the
Colorado Court of Appeals.
Soopers along
Growth
He said he was reluctant from
nust remain
the beginning to take his lawsuit
P a six-month
north of Harmony Road.
through the Larimer County Dis-
mercial devel- .
That development was shelved
trict Court because Chief Judge
County dis-
automatically when the City
John -David Sullivan, a resident
sday.
Council approved:a moratorium
near the proposed site, had criti-
.
n itten ruling,
in that area in early July.
cized the project publicly.
,on said devel-
City Attorney Steve Roy, who
However, the federal court in
Ilivan'did not
'argued to keep the project under
Denver would not accept his eom-
criteria that
. the moratoriumi,' said Newton's
plaint until he has exhausted all
temporary in- ,
ruling stemmed from a"Prelimi-
avenues in the state district court.
z the case.
nary proceeding and that a num- `
"How can I get a fair trial in the
iught an in-..
ber of the - issues of the' case re-
local courts?" James M. Sullivan
I the city' to
main to be resolved at trial."
said. "Are we assuming that these
his proposed
Sullivan said he' was not sur- ,
judges don't talk to each other....
retail center
- rised by. the ruling, pledging to
At some point, well get a fair trial
Coloradoan staff
of the facts ... and we'll get a
much different outcome."
During testimony Monday, the
developer ha
his project a
more than
moratorium
However,
city's employ
about Chang
lions along
early as Apr
cessions led
Therefore,
moratorium
the project.
However,
ruled that Si
that an injt
remedy tha
problem.
'FATHER
oler; 30% to
nce of showers.
55
28
3aae Al
r6
argued that he filed
plication June 7 —
month before the
ent into effect.
oy argued that the
as had been talking
ig land -use regula-
Harmony Road as
and that those dis-
the moratorium.
:he city's idea of a
receded the filing of
the end, Newton
ivan failed to prove
tion was thr ty
could resoly, ae