Glenwood Springs, Glenwood Meadows developers agree to dismiss land-use lawsuit
A Garfield County District Court dismissed a lawsuit against Glenwood Springs on Wednesday upon the stipulation City Council vacate their denial by tie vote of a Glenwood Meadows land-use application and reconsider the application in January.
On Dec. 1, Glenwood Meadows LLC and its prospective developer, BLD Group, submitted a complaint against the city and its council, alleging the Nov. 18 tie vote, which resulted in denial of BLD’s proposed development, was an abuse of discretion and exceeded the council’s jurisdiction.
Court documents filed Wednesday state, “Because no motion to deny the application was ever considered, the City Council was deprived of any opportunity to make factual findings or conclusions of law necessary for review of the action.”
Given the lack of a motion to deny, the court determined the record for the appeal was insufficient for the court to consider. The land-use application decision was remanded to the City Council for reconsideration on Jan. 6, provided all members of council are present to avoid a second tie-vote decision.
All parties in the complaint agreed to dismissal, and each party was directed by the court to account for their own costs.
“Any new final decision relating to the application may be appealed consistent with applicable deadlines for any such decision,” court documents state. “The record in any such appeal shall include the record made at the November 18, 2021 City Council hearing as well as any record made at the continued hearing.”
Reporter Ike Fredregill can be reached at 970-384-9154 or by email at email@example.com.
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