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Home My WebLink AboutDistrict Court Filing 1-18-19DISTRICT COURT, EAGLE COUNTY, COLORADO 885 Chambers Ave. PO Box 597 Eagle, CO 81631 IN THE MATTER OF: TOWER CENTER METROPOLITAN DISTRICT ♦ COURT USE ONLY Attorneys For: Intervenor Day3, LLC Name: Thomas H. Wagner, #38135 William R. Meyer, #34012 Polsinelli PC Address: 1401 Lawrence Street, Suite 2300 Denver, CO 80202 Phone No.: (303) 572-9300 Email: twagner@polsinelli.com wmeyer@polsinelli.com Attorneys For: Name: Address: Phone No.: Email: Attorneys For: Name: Address: Phone No.: Email: Tower Center Metropolitan District Alan D. Pogue, #30156 Anna C. Wool, #46237 ICENOGLE SEAVER POGUE, PC 4725 S. Monaco St., Ste. 360 Denver, CO 80237 (303) 292-9100 APogue@ISP-Law.com AWool@ISP-Law.com Petitioner the Colorado Division of Local Governments Philip J. Weiser, Attorney General Emily Buckley, #43002* Assistant Attorney General Lindsey Knapton, #52531 * Assistant Attorney General Fellow 1300 Broadway, 6th Floor Denver, CO 802023 (720) 508-6403, (720) 508-6189 emily.buckley@coag.gov lindsey.knapton@coag.gov * Counsel of Record Case No. 2008CV316 Division/Courtroom: THIRD JOINT MOTION FOR CONTINUANCE OF TIME FOR COURT TO RULE ON PETITION Petitioner, the Division of Local Governments (the "Division"), Tower Center Metropolitan District (the "District"), and Intervenor, Day3, LLC ("Day3"), through their respective counsel, jointly move for a three-month extension of time to and including September 17, for the District and Day3 to file a response to the Petition and a corresponding three-month continuance of the deadline for the Court to make its determination of dissolution under C.R.S. § 32-1-710, until and including September 17, 2019, as follows: INTRODUCTION This matter concerns a special district known as the Tower Center Metropolitan District (the "District"). The Division filed a Petition on January 18, 2019 seeking to confirm dissolution of the District under the Colorado Special District Act, per C.R.S. § 32-1-710(3) (the "Act"). Under the Act, the Court had thirty days from the date of the Petition, i.e., up to February 17, 2019, to make a determination on the Division's Petition. But pursuant to a Joint Motion for Continuance of Time for the Court to the Rule on Petition (the "Joint Motion"), the Court extended the deadline to rule on the Petition by 60 days, up to and including April 18, 2019. The Court's Order granting the Joint Motion also set a deadline of March 18, 2019 for Day3 to respond to the Petition. 2. Prior to the March 18, 2019 deadline for Day3 to respond to the Petition, Day3 engaged special legal counsel to assist it returning the District to statutory compliance, in attempt to address the matters asserted in the Petition. Accordingly, pursuant to a Second Joint Motion for Continuance of Time for the Court to Rule on Petition (the "Second Joint Motion"), the Court extended the deadline to rule on the Petition to and including July 17, 2019, and extended the E deadline for Day3 to respond to the Petition to and including July 17, 2019. 3. The Division, the District, and Day3 now move to continue the deadline for the District and Day3 to respond to the Petition and the deadline for the Court to rule on the Petition by three months, up to and including September 17, 2019 and September 17, 2019, respectively. For the reasons shown below, good cause supports the extension of this deadline. BACKGROUND AND ANALYSIS 4. Day3 currently owns all real property within the boundaries of the District. The prior owners of the real property that comprises the District organized the District some time ago, but Day3 understands that the prior property owners allowed management of the District to lapse. This inactivity caused the Division to declare the District dissolved. The Petition requests an order certifying the prior declaration of dissolution of the District and disposing of any District assets in accordance with C.R.S. § 32-1-708. The District and Day3 are in the process of bringing the District into compliance with the Act and to avoid dissolution. On May 28, 2019, the Town Council of the Town of Gypsum appointed Ken Marchetti, Kathy Lewensten, and Debbie Braucht, to fill existing vacancies on the District board of directors. On June 11, 2019, the District board of directors held its first meeting and engaged legal and accounting professionals to oversee the actions required to bring the District into compliance. The actions required to bring the District into compliance will take time, however, so an additional extension of the existing court deadlines is necessary. 6. No prejudice to the Division or the public will result if the extension is granted. Indeed, the Division joins in this Motion seeking an extension, and neither the District nor Day3 are aware of any creditors of the District who may be affected by a delay in the determination of the dissolution. 7. The District represents that it does not seek this extension for improper purposes and that it is moving forward with urgency to bring the District into compliance. CONCLUSION 8. For the reasons above, the Division, the District, and Day3 request a three-month extension of time for the District and Day3 to file a response to the Petition and a three-month continuance of the deadline for the Court to make its determination of dissolution under C.R.S. § 32-1-710. Dated: June 12, 2019 Respectfully submitted, By: s/ Emily B. Buckley Emily Buckley Lindsey Knapton Respectfully submitted, By: s/ Alan D. Pozue Alan D. Pogue Anna C. Wool Respectfully submitted, By: s/Thomas H. Wagner Thomas H. Wagner William R. Meyer CERTIFICATE OF SERVICE I certify that on June 12, 2019,1 filed a true and correct copy of the foregoing document via Colorado Courts E -Filing, which will deliver electronic notice of the filing to the following: Philip J. Weiser, Attorney General Emily Buckley, #43002* Lindsey Knapton, #52531 Assistant Attorney General Fellow 1300 Broadway, 6th Floor Denver, CO 802023 (720) 508-6403, (720) 508-6189 emily.buckley@coag.gov lindsey.knapton@coag.gov * Counsel of Record for Petitioner True and correct copies were also served via U.S. Mail, postage prepaid to the following: Board of Commissioners Eagle County PO Box 850 500 Broadway Eagle, CO 81631 County Assessor Eagle County PO Box 449 500 Broadway Eagle, CO 81631 Clerk and Recorder Eagle County PO Box 537 500 Broadway, Suite 101 Eagle, CO 81631 Gypsum Town Council 50 Lundgren Blvd. PO Box 130 Gypsum, CO 81637 5 /s/ Stacie L. Pacheco