The Greeley city attorney will file a lawsuit against the town of Windsor for multiple perceived breaches of an agreement between the two municipalities.
The Greeley City Council on Tuesday approved a resolution calling for the legal action, which seeks reimbursement and injunctive relief.
The city asserts Windsor has failed to adhere to an intergovernmental agreement, or IGA, called the U.S. 34 IGA, which has been in place since 2008. The IGA sets terms and conditions regarding planning coordination, land use, utilities and other general development matters for land within the U.S. 34 corridor.
Windsor’s breaches of the agreement have jeopardized proposed commercial and residential development within Greeley, according to the city. As part of the IGA, Greeley claims that Windsor had promised to treat wastewater originating from within the land determined by the IGA, making special accommodations to reserve space for its treatment, which the city claims Windsor has not done.
After what the city claims have been good faith discussions to resolve the dispute with their “crucial and valued regional partner,” the city says Windsor officials are unwilling to negotiate a reasonable resolution to acknowledge and uphold their promises.
In response, Greeley will engage in legal action seeking the recovery of monetary damages and injunctive relief, which is legal protection for the city against Windsor breaching the IGA.
“The City of Greeley values strong regional partnerships and city leaders have worked in good faith to resolve this matter with the Town of Windsor,” the city said in a statement made after the vote had passed. “The resolution is a necessary step in city business to protect the Greeley community.”
In response to the city’s accusations, Windsor officials have stated the town is and has been in full compliance with the IGA as agreed upon and does intend to uphold its obligations.
“The Town of Windsor remains in full compliance with the 2008 IGA with Greeley, and we intend to continue upholding the obligations outlined in the agreement,” Windsor Town Manager Shane Hale said in an email. “While we are disappointed by Greeley’s decision, we remain committed to working collaboratively with all of our regional partners — including the City of Greeley — to strengthen and support our communities.”
With the council’s unanimous approval, the city attorney will file a lawsuit with the state of Colorado, which will then decide how best to proceed.
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