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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 2 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 3 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 4 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