HomeMy WebLinkAboutMotion to Dismiss petition for Order and Certification of Dissolution of Special District 2019DISTRICT COURT, EAGLE COUNTY,
COLORADO
885 Chambers Avenue
P.O. Box 597
Eagle, Colorado 81631
IN THE MATTER OF: TOWER CENTER
METROPOLITAN DISTRICT
COURT USE ONLY
Attorneys for the Division of Local
Case No. 2008CV316
Governments:
PHILIP J. WEISER, Attorney General
EMILY B. BUCKLEY, No. 43002*
Assistant Attorney General
1300 Broadway, 6th Floor
Denver, CO 80203
Telephone: (720) 508-6403
Email: emily.buckley@coag.gov
*Counsel of Record
UNOPPOSED MOTION
TO DISMISS PETITION FOR ORDER AND
CERTIFICATION OF DISSOLUTION OF SPECIAL DISTRICT
The Division of Local Government of the Colorado Department of Local
Affairs (the "Division"), by and through the Colorado Attorney General and
undersigned counsel, moves the Court to dismiss as moot the Division's Petition for
Order and Certification of Dissolution of Special District, in support, states as
follows:
1. Counsel for the Division has conferred with counsel for Intervenor,
Day3, LLC and Tower Center Metropolitan District (the "District"); this motion is
unopposed.
2. On January 18, 2019, the Division filed its Petition for Order and
Certification of Dissolution of Special District ("Petition"). The Court has not ruled
on the Petition.
3. The District failed to comply with the statutory requirements under the
Special District Act, section 32-1-101, et seq., since 2016.
4. Since the Petition was filed, the Division was made aware that the
District intends to return to compliance and has taken steps in furtherance of that
objective. The Town of Gypsum passed a resolution appointing directors to fill
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vacancies on the District's board and the District's newly -appointed board of directors
has taken meaningful steps to achieve compliance.
5. Because the District intends to return to active status and has taken
steps in furtherance of the saine, the Division withdraws its request for an order and
certification of dissolution of the District, and requests that the Court dismiss the
Division's Petition as moot.
7. WHEREFORE, the Division requests that the Court enter an order
dismissing as moot the Division's Petition for Order and Certification of Dissolution
of Special District. A proposed order is attached hereto for the Court's consideration.
Dated this 15th day of November, 2019.
PHILIP J. WEISER
Attorney General
s/ Entiily B. Buckley
EMILY B. BUCKLEY
Assistant Attorney General*
Public Officials Unit
State Services Section
*Counsel of Record
Attorneys for the Colorado Department
of Local Affairs, Division of Local
Governments
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CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of November, 2019, I served the
foregoing upon the parties herein through the Colorado Courts E -filing System or by
causing true and complete copies of same to be deposited in the U.S. mail, first-class
postage prepaid at Denver, Colorado, addressed to each of 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
County Clerk and Recorder
Eagle County
PO Box 537
500 Broadway, Suite 101
Eagle, CO 81631
Town Council
Town of Gypsum
50 Lundgren Boulevard
PO Box 130
Gypsum, CO 81637
Thomas H. Wagner, #38135
William R. Meyer, #34012
Polsinelli PC
1401 Lawrence Street, Suite 2300
Denver, CO 80202
(303) 572-9300
twagner@polsinelli.com
wmeyer@polsinelli.com
Counsel for Day3, LLC
sl Xan Serocki
DISTRICT COURT, EAGLE COUNTY, COLORADO
885 Chambers Avenue
P.O. Box 597
Eagle, Colorado 81631
IN THE MATTER OF: TOWER CENTER
METROPOLITAN DISTRICT
Attorneys for the Division of Local Governments:
PHILIP J. WEISER, Attorney General
EMILY B. BUCKLEY, No. 43002*
Assistant Attorney General
1300 Broadway, 6°i Floor
Denver, CO 80203
Telephone: (720) 508-6403
Email: emily.buckley@coag.gov
*Counsel of Record
COURT USE ONLY
Case No. 2008CV316
ORDER DISMISSING AS MOOT
PETITION FOR ORDER AND CERTIFICATION OF
DISSOLUTION OF SPECIAL DISTRICT
The Court, having received and considered the Division of Local Government
of the Colorado Department of Local Affairs' Unopposed Motion to Dismiss Petition
for Dissolution of Special District, hereby holds as follows:
The Division's Petition for Order and Certification of Dissolution of Special District,
filed January 18, 2019, is DISMISSED AS MOOT.
DONE this day of )2019.
BY THE COURT
DISTRICT COURT JUDGE
