A day before the polls close, companies owned by Windsor developer Martin Lind sued the city of Greeley in an effort to nullify the city’s special election.
After more than 13,000 voters already cast their ballots on measure 1A, which seeks to repeal the planned unit developing zoning for Lind’s Cascadia and Catalyst projects in west Greeley, the lawsuit filed Monday asks a Weld County District Court judge to declare the ballot measure unconstitutional.
The lawsuit lists Trollco Inc., doing business as The Water Valley Company, Vima Partners LLC and Patriot Energy LLC — all owned by Lind — as plaintiffs that “will suffer irreparable harm to their vested property and economic interests in both the Cascadia PUD (planned unit development) agreement and the Pre-Development Services and Financing Agreement” if 1A is approved.
The plaintiffs seek to have the measure declared unconstitutional for a similar reason a judge struck down an earlier proposed ballot measure that targeted the city’s issuance of certificates of participation, a financing mechanism that was used to pay for pre-development work. The lawsuit describes the zoning ordinance that would be repealed if 1A passes as being “highly administrative” in nature, which would make repealing it through a voter-initiated referendum unconstitutional.
Greeley Demands Better brought 1A to the ballot over concerns about the project’s financing and what they’ve described as a lack of transparency from city officials as the $1.1 billion project has moved forward. While building the project will cost about $832 million, the city says about $200 million will cover the cost of borrowing money and other infrastructure work in the area.
“This lawsuit is the electoral equivalent of flipping the board when it becomes clear the game isn’t going your way,” Greeley Demands Better spokesperson Michelle Lyng wrote in an email. “The City of Greeley works for its residents — not the other way around. Attempting to halt an election through legal maneuvering the day before polls close tells voters everything they need to know about this so-called partnership.”
Greeley Forward has been advocating for “no” on 1A, citing projections of up to $11 million in additional sales tax revenue and $2.9 billion in economic activity over 10 years, creating 1,385 jobs per year as a result of the project. A request for comment late Monday night was not yet answered by the time of publication.
Greeley Forward chair Tom Donkle previously described the project as “too big to let slip through Greeley’s fingers.”
“Ballot Measure 1A would only temporarily overturn the previously approved zoning designations for the site — it would not stop or prevent Cascadia, and the developer can reapply for zoning approval,” Donkle said at the launch of Greeley Forward’s No On 1A campaign.
In September, District Judge Allison Esser ruled a citizens’ initiative that aimed to repeal a city ordinance approving financing for pre-development work for Catalyst was administrative and could not be brought to a vote.
Greeley Deserves Better, chaired by Pam Bricker and Dan Wheeler, collected more than 5,000 signatures in an effort to put the repeal of the financing mechanism on last November’s ballot. Former Greeley city manager Leonard Wiest, Tom Hacker, John DeWitt and Zach Bliven challenged that initiative, leading to a city hearing officer striking it down and ultimately Esser’s judgment.
Lind later sued Bricker and Wheeler, accusing them of defamation for public statements that were critical of the project and the legal maneuvers used to prevent their initiative from going to a vote. Esser dismissed that lawsuit, finding their statements were part of their “right to petition and free speech on public issues.”
Greeley Demands Better, chaired by Rhonda Solis and Brandon Wark, later gathered the signatures to put 1A on the ballot in a special election. Wiest, Hacker, DeWitt and Bliven had filed a protest challenging the validity of the petitioners’ signatures, but they withdrew it, aiming to make “it easier for new and existing members of Council to have the space for an informed discussion on Cascadia, and to separate facts from misinformation,” Wiest wrote in an email at the time.
This is a developing story. It will be updated.
How to vote
Ballots went out earlier this month, and voters may return their ballot by dropping it off at one of four secure, 24-hour drop box locations:
Aims Community College Cornerstone Building, 5401 W. 20th St. Greeley City Hall, 1000 10th St. University of Northern Colorado University Center, 2101 10th Ave. Weld County Election Office, 1250 H St.Ballots must be received by the city clerk by 7 p.m. Tuesday to be counted. Voters who have not received a ballot or need a replacement may obtain a ballot at Greeley City Hall. For more information, go to bit.ly/SpecialElection26.
Follow the Greeley Tribune’s ongoing coverage of the Cascadia development and stay up to date on all project milestones at GreeleyTribune.com/Cascadia.
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