Ruling by the Court
On December 21, the San Miguel County District Court granted the appeal (a.k.a. lawsuit) against the County’s decision to rezone Diamond Ridge. To win an appeal of a Board of County Commissioner’s decision is very significant and deals a big setback to the County-Town plans to develop the parcels. You can download a copy of the court order below or read more information from Last Dollar Collective on the ruling here.
Legal Case Summary
CRCP 106A Appeal of Rezoning
We asserted the County of San Miguel violated issues of Due Process while conducting this rezoning.
Result: Court overturned the rezoning
CRCP 106A Appeal of CH Zone
We assert that the newly created Community Housing Zone code is itself unconstitutional for negating concerns of surrounding residents.
Result: CH Zone still in place until Appeal
Breach of Contract
Seeking damages from the seller Jack Vickers for breach of numerous contract provisions limiting this property to development of 1 home on 35 acre lots.
Result: Currently Dismissed until Appeal