Brookfield Lawsuit
Legal Update as of March 25, 2025
The Districts have finalized a settlement agreement with Brookfield that resolves all issues in the pending litigation related to the bonds and maintenance/repair issues. Currently, the bond litigation is stayed pending satisfaction of the settlement agreement requirements. The District is in the process of bonding a total of $25,950,000. $23,500,000 will be issued to Brookfield and the remaining amount will be retained by the Districts for capital projects and to cover the costs of issuing the bonds. After such time as the bonds are issued, the case will be fully and finally dismissed. We anticipate that will be by the end of April.
In regards to Brookfield's plan to resume construction of the remaining residences, Filings 18 & 20 (located near the intersection of Yale and Orchard) are scheduled to begin in the April-May time frame. A date for construction of the remaining townhomes in the Cadence neighborhood (off McIntyre), is yet to be announced.
In regards to Brookfield's plan to resume construction of the remaining residences, Filings 18 & 20 (located near the intersection of Yale and Orchard) are scheduled to begin in the April-May time frame. A date for construction of the remaining townhomes in the Cadence neighborhood (off McIntyre), is yet to be announced.
Legal Update as of January 13th, 2025
Green Mountain Litigation: Brookfield’s civil action against Green Mountain and Fossil Ridge related to sewer service for filings 18, 20, and 21 has settled. Green Mountain has issued certificates of sewer service and has agreed to provide service to the remainder of Brookfield’s buildout in filings 18, 20 and 21. Fossil Ridge’s role under the agreement is primarily limited to connecting Brookfield’s new units to the sewer system when the units come online. Fossil Ridge is not required to pay any damages or other fees associated with the settlement. Both the pending civil case and the appeal of last year’s litigation regarding the Districts’ service plan have been stayed pending satisfaction of the settlement agreement requirements. The Districts’ anticipate that within forty-five (45) days, all related litigation will be dismissed and all claims will be released.
Bond Litigation: At the January 13 meeting, the Districts approved a settlement agreement with Brookfield that resolves all issues in the pending litigation related to the issuance of bonds and maintenance/repair issues. Now that the settlement has been approved, the bond litigation will be stayed by the Court pending satisfaction of the settlement agreement requirements. After such time as those requirements are met, the case will be fully and finally dismissed.
Bond Litigation: At the January 13 meeting, the Districts approved a settlement agreement with Brookfield that resolves all issues in the pending litigation related to the issuance of bonds and maintenance/repair issues. Now that the settlement has been approved, the bond litigation will be stayed by the Court pending satisfaction of the settlement agreement requirements. After such time as those requirements are met, the case will be fully and finally dismissed.
Legal Update as of December 5th, 2024
Green Mountain Litigation: Brookfield’s civil action against Green Mountain and Fossil Ridge related to sewer service for filings 18, 20, and 21 has settled. Under the agreement, Green Mountain will issue certificates of sewer service and provide service to the remainder of Brookfield’s buildout in filings 18, 20 and 21 on terms outlined in the agreement. Fossil Ridge’s role under the agreement is primarily limited to connecting Brookfield’s new units to the sewer system when the units come online. Fossil Ridge is not required to pay any damages or other fees associated with the settlement. Both the pending civil case and the appeal of last year’s litigation regarding the Districts’ service plan will be stayed while the issuance of the certificates is finalized. After Green Mountain issues the certificates, all related litigation will be dismissed, and claims released.
Bond Litigation: The Districts are in the process of finalizing a settlement agreement with Brookfield that will resolve all issues in the pending litigation related to the issuance of bonds and maintenance/repair issues. Once that is finalized, the Districts’ counsel will update the Boards and present the settlement agreement for approval.
Bond Litigation: The Districts are in the process of finalizing a settlement agreement with Brookfield that will resolve all issues in the pending litigation related to the issuance of bonds and maintenance/repair issues. Once that is finalized, the Districts’ counsel will update the Boards and present the settlement agreement for approval.
Legal Update as of October 14th, 2024
Legal Update as of July 15th, 2024
Bond Lawsuit: This case is in the discovery phase, with the parties in the process of exchanging relevant documents. Once documents are exchanged and reviewed, the parties will schedule depositions. The trial in this case was recently moved to spring of 2025. The parties continue to explore whether settlement is possible.
Green Mountain Appeal: This case is the appeal of the District Court’s Order denying Brookfield’s motion to enforce the Service Plan and compel the provision of sewer service to Brookfield’s unfinished development. The appeal is in the briefing stage. Brookfield filed its opening brief, and the Districts’ and Green Mountain’s answer brief is due on July 26. Brookfield will then file a reply brief. Once the case is fully briefed, the Court of Appeals will schedule oral argument. After oral argument, it typically takes a few months for the Court of Appeals to issue a written decision.
Green Mountain Civil Litigation: Brookfield filed another lawsuit against Fossil Ridge and Green Mountain, asserting equitable, contract, and constitutional claims in connection with the lack of sewer service to Brookfield’s unfinished development. Brookfield seeks injunctive relief, damages and an order compelling the provision of sewer service. Currently, a two-day preliminary injunction hearing has been set for August 26 -27. The Districts and Green Mountain filed motions to dismiss the lawsuit, arguing, among other things, that the prior litigation to enforce the Service Plan precludes Brookfield’s claims. Brookfield will be filing a response to the motion to dismiss, and the Districts and Green Mountain will then file a reply.
Once fully briefed, the Court will take the motion under advisement and issue a written order. This process can take several months, although this Court is familiar with the situation and prompt in issuing decisions, which may result in an expedited ruling.
____________________________________
Kelley B. Duke
Attorney at Law
Ireland Stapleton Pryor & Pascoe, PC
Green Mountain Appeal: This case is the appeal of the District Court’s Order denying Brookfield’s motion to enforce the Service Plan and compel the provision of sewer service to Brookfield’s unfinished development. The appeal is in the briefing stage. Brookfield filed its opening brief, and the Districts’ and Green Mountain’s answer brief is due on July 26. Brookfield will then file a reply brief. Once the case is fully briefed, the Court of Appeals will schedule oral argument. After oral argument, it typically takes a few months for the Court of Appeals to issue a written decision.
Green Mountain Civil Litigation: Brookfield filed another lawsuit against Fossil Ridge and Green Mountain, asserting equitable, contract, and constitutional claims in connection with the lack of sewer service to Brookfield’s unfinished development. Brookfield seeks injunctive relief, damages and an order compelling the provision of sewer service. Currently, a two-day preliminary injunction hearing has been set for August 26 -27. The Districts and Green Mountain filed motions to dismiss the lawsuit, arguing, among other things, that the prior litigation to enforce the Service Plan precludes Brookfield’s claims. Brookfield will be filing a response to the motion to dismiss, and the Districts and Green Mountain will then file a reply.
Once fully briefed, the Court will take the motion under advisement and issue a written order. This process can take several months, although this Court is familiar with the situation and prompt in issuing decisions, which may result in an expedited ruling.
____________________________________
Kelley B. Duke
Attorney at Law
Ireland Stapleton Pryor & Pascoe, PC
Community Update
May 10, 2024
The Districts are currently involved in three pieces of litigation involving Brookfield. Here is an update on each:
Bond Litigation
This case is in the discovery phase, which will run through the summer. A jury trial is currently set for October. The Districts continue to explore ways to resolve this dispute short of further litigation and trial.
Green Mountain Appeal
Last fall, the Jefferson County District Court denied Brookfield’s request that the Districts and Green Mountain Water and Sanitation District be ordered to provide sanitary sewer service to Brookfield’s unfinished development. Brookfield appealed the order to the Colorado Court of Appeals. Brookfield filed its opening brief in the appeal on May 7, 2024. A copy of the brief is linked below. The Districts and Green Mountain will have 35 days to file their answer briefs absent an extension of time. The Districts’ position remains the same on this dispute. The Districts cannot provide sanitary sewer service, but have no objection to Green Mountain doing so. The Districts remain hopeful that Green Mountain and Brookfield will resolve their dispute and dismiss the appeal.
Green Mountain Civil Litigation
Brookfield recently filed a civil suit against Fossil Ridge and Green Mountain in Jefferson County District Court. Brookfield is again seeking an order requiring Fossil Ridge and Green Mountain to provide sanitary sewer service and also seeks alleged damages from Fossil Ridge and Green Mountain. The suit includes claims related to alleged promises to provide sewer service and also constitutional “takings” claims (i.e., that the Districts and Green Mountain have purportedly “taken” Brookfield’s property without paying for it). Brookfield also filed a Motion for Preliminary Injunction asking the Court to order certificates of sewer service be issued on an expedited basis. If a preliminary injunction hearing moves forward, it will require an expedited evidentiary hearing. Copies of the Complaint and Motion for Preliminary Injunction are linked below.
The Districts are exploring their legal options stemming from this repeat-litigation issue and will continue to keep the community updated.
The Districts are currently involved in three pieces of litigation involving Brookfield. Here is an update on each:
Bond Litigation
This case is in the discovery phase, which will run through the summer. A jury trial is currently set for October. The Districts continue to explore ways to resolve this dispute short of further litigation and trial.
Green Mountain Appeal
Last fall, the Jefferson County District Court denied Brookfield’s request that the Districts and Green Mountain Water and Sanitation District be ordered to provide sanitary sewer service to Brookfield’s unfinished development. Brookfield appealed the order to the Colorado Court of Appeals. Brookfield filed its opening brief in the appeal on May 7, 2024. A copy of the brief is linked below. The Districts and Green Mountain will have 35 days to file their answer briefs absent an extension of time. The Districts’ position remains the same on this dispute. The Districts cannot provide sanitary sewer service, but have no objection to Green Mountain doing so. The Districts remain hopeful that Green Mountain and Brookfield will resolve their dispute and dismiss the appeal.
Green Mountain Civil Litigation
Brookfield recently filed a civil suit against Fossil Ridge and Green Mountain in Jefferson County District Court. Brookfield is again seeking an order requiring Fossil Ridge and Green Mountain to provide sanitary sewer service and also seeks alleged damages from Fossil Ridge and Green Mountain. The suit includes claims related to alleged promises to provide sewer service and also constitutional “takings” claims (i.e., that the Districts and Green Mountain have purportedly “taken” Brookfield’s property without paying for it). Brookfield also filed a Motion for Preliminary Injunction asking the Court to order certificates of sewer service be issued on an expedited basis. If a preliminary injunction hearing moves forward, it will require an expedited evidentiary hearing. Copies of the Complaint and Motion for Preliminary Injunction are linked below.
The Districts are exploring their legal options stemming from this repeat-litigation issue and will continue to keep the community updated.
Bond Litigation
January 9, 2024
Representatives of Solterra, LLC (i.e., Brookfield) and the Districts attended a mediation on December 20 in an effort to potentially resolve the pending litigation between the parties. Unfortunately, mediation was unsuccessful. The parties will proceed toward fact discovery, which is the process by which the parties obtain evidence and testimony from the opposing party and third parties that will assist in deciding the case. The Court has set a case management conference for January 23, 2024. A case management conference is the hearing where the Judge sets parameters for discovery, including how much is allowed, and sets the deadlines for the case, including a trial date. Although settlement efforts failed at the mediation, the Districts will continue to look for ways to resolve this dispute short of further litigation.
Representatives of Solterra, LLC (i.e., Brookfield) and the Districts attended a mediation on December 20 in an effort to potentially resolve the pending litigation between the parties. Unfortunately, mediation was unsuccessful. The parties will proceed toward fact discovery, which is the process by which the parties obtain evidence and testimony from the opposing party and third parties that will assist in deciding the case. The Court has set a case management conference for January 23, 2024. A case management conference is the hearing where the Judge sets parameters for discovery, including how much is allowed, and sets the deadlines for the case, including a trial date. Although settlement efforts failed at the mediation, the Districts will continue to look for ways to resolve this dispute short of further litigation.
Green Mountain Appeal
January 9, 2024
On November 17, 2023, Brookfield filed an appeal of the District Court Order’s denying Brookfield’s Motion to Enjoin a Material Modification of the Service Plan and Enforce Mandatory Obligations of the Service Plan. As a reminder, Solterra, LLC filed an action against the Districts alleging that the Districts refused to provide sanitary sewer service to filings 18, 20 and 21, despite the fact that Green Mountain Water and Sanitation District is the sole service provider. The Court disagreed and ruled in favor of the Districts. The Court of Appeals has not set a briefing scheduling. The Districts will respond in accordance with that schedule once it is issued. The Districts remain hopeful that Green Mountain Water and Sanitation District and Brookfield will resolve their dispute and dismiss the appeal so that the Districts do not have to continue to litigate these issues.
On November 17, 2023, Brookfield filed an appeal of the District Court Order’s denying Brookfield’s Motion to Enjoin a Material Modification of the Service Plan and Enforce Mandatory Obligations of the Service Plan. As a reminder, Solterra, LLC filed an action against the Districts alleging that the Districts refused to provide sanitary sewer service to filings 18, 20 and 21, despite the fact that Green Mountain Water and Sanitation District is the sole service provider. The Court disagreed and ruled in favor of the Districts. The Court of Appeals has not set a briefing scheduling. The Districts will respond in accordance with that schedule once it is issued. The Districts remain hopeful that Green Mountain Water and Sanitation District and Brookfield will resolve their dispute and dismiss the appeal so that the Districts do not have to continue to litigate these issues.
Community Update
December 12, 2023
The two lawsuits initiated by Brookfield at the time of the writing of the business plan remain active and the current status is provided below. The status of these suits will continue to change as we move into 2024 and updates will be available on the Solterra-Connect Website..
In the first suit, Brookfield is asking the Court to order the Districts to immediately issue $31.8 million in bonds to repay allegedly reimbursable developer costs. Additionally, Brookfield is asking for reimbursement of certain maintenance costs that are purportedly District 1’s responsibility. The Districts filed several counterclaims against Brookfield asking for, among other things: (1) an order that Brookfield is not entitled to repayment for tens of millions of dollars of non-reimbursable costs; (2) an order that the governing documents give Districts 2 and 3 the discretion to determine whether and when to issue bonds for any remaining amount owed; and (3) damages for Brookfield’s contractual bad faith in shifting certain financial and maintenance obligations on the Districts when those obligations should have been on the developer. Brookfield replied, denying all claims. The Court will now hold a status conference to determine the litigation schedule moving forward.
In the second suit, Brookfield filed an action asking the Jefferson County District Court to order the Districts, in conjunction with the Green Mountain Water & Sanitation District, to provide sanitary sewer service to Brookfield’s unfinished development in Filings 18, 20, and 21. As a result of a court hearing in October, Brookfield’s request was denied. In November, Brookfield appealed the Court’s decision to the Colorado Court of Appeals. A briefing schedule has not been set yet. The appeal will take several months.
The District Boards are available if you have questions.
The two lawsuits initiated by Brookfield at the time of the writing of the business plan remain active and the current status is provided below. The status of these suits will continue to change as we move into 2024 and updates will be available on the Solterra-Connect Website..
In the first suit, Brookfield is asking the Court to order the Districts to immediately issue $31.8 million in bonds to repay allegedly reimbursable developer costs. Additionally, Brookfield is asking for reimbursement of certain maintenance costs that are purportedly District 1’s responsibility. The Districts filed several counterclaims against Brookfield asking for, among other things: (1) an order that Brookfield is not entitled to repayment for tens of millions of dollars of non-reimbursable costs; (2) an order that the governing documents give Districts 2 and 3 the discretion to determine whether and when to issue bonds for any remaining amount owed; and (3) damages for Brookfield’s contractual bad faith in shifting certain financial and maintenance obligations on the Districts when those obligations should have been on the developer. Brookfield replied, denying all claims. The Court will now hold a status conference to determine the litigation schedule moving forward.
In the second suit, Brookfield filed an action asking the Jefferson County District Court to order the Districts, in conjunction with the Green Mountain Water & Sanitation District, to provide sanitary sewer service to Brookfield’s unfinished development in Filings 18, 20, and 21. As a result of a court hearing in October, Brookfield’s request was denied. In November, Brookfield appealed the Court’s decision to the Colorado Court of Appeals. A briefing schedule has not been set yet. The appeal will take several months.
The District Boards are available if you have questions.
Green Mountain Litigation
October 17, 2023
As previously updated, Brookfield filed a Motion to Enforce the Districts’ Service Plan in Jefferson County District Court in March 2023. Brookfield sought an order from the Court requiring the Districts and Green Mountain to provide sanitary sewer service to Brookfield’s unfinished development in Filings 18, 20, and 21. Brookfield argued that Green Mountain’s failure to timely issue certificates of sewer availability for filings 18, 20, and 21 constituted a material modification of the Districts’ service plan, which provides that Green Mountain is the sanitary sewer provider to the development through an intergovernmental agreement with FRMD No. 1.
A two-day evidentiary hearing was held on October 9 and 10, during which the Districts argued that they are in compliance with their service plan because Green Mountain continues to provide service to the development through an intergovernmental agreement that remains in full force and effect. Mike McCleary and Dave McGraw testified as witnesses for the Districts. They explained to the Court that the Districts have no control over whether Green Mountain issues additional certificates of availability for the new homes, and the Districts have no ability to independently provide sanitary sewer service without Green Mountain’s cooperation. The Boards had serious concern that if the Districts were ordered to provide sewer service, the Districts would not be able to comply with that Court order.
On October 14, 2023, the Court issued its order denying Brookfield’s Motion in its entirety. The Court agreed with the Districts’ position and concluded that the Districts have not materially modified their service plan. This matter is therefore concluded, although it is possible that Brookfield will appeal.
As previously updated, Brookfield filed a Motion to Enforce the Districts’ Service Plan in Jefferson County District Court in March 2023. Brookfield sought an order from the Court requiring the Districts and Green Mountain to provide sanitary sewer service to Brookfield’s unfinished development in Filings 18, 20, and 21. Brookfield argued that Green Mountain’s failure to timely issue certificates of sewer availability for filings 18, 20, and 21 constituted a material modification of the Districts’ service plan, which provides that Green Mountain is the sanitary sewer provider to the development through an intergovernmental agreement with FRMD No. 1.
A two-day evidentiary hearing was held on October 9 and 10, during which the Districts argued that they are in compliance with their service plan because Green Mountain continues to provide service to the development through an intergovernmental agreement that remains in full force and effect. Mike McCleary and Dave McGraw testified as witnesses for the Districts. They explained to the Court that the Districts have no control over whether Green Mountain issues additional certificates of availability for the new homes, and the Districts have no ability to independently provide sanitary sewer service without Green Mountain’s cooperation. The Boards had serious concern that if the Districts were ordered to provide sewer service, the Districts would not be able to comply with that Court order.
On October 14, 2023, the Court issued its order denying Brookfield’s Motion in its entirety. The Court agreed with the Districts’ position and concluded that the Districts have not materially modified their service plan. This matter is therefore concluded, although it is possible that Brookfield will appeal.
Brookfield Bond Litigation
October 17, 2023
As previously updated, the Districts filed a motion to dismiss Brookfield’s claims that ask the Court to order FRMD Nos. 2 and 3 to immediately bond to their maximum debt limit. Unfortunately, the Court recently denied the motion to dismiss. Previously, this matter was pending before Judge Lilly Oeffler, who was the Judge that considered the 2017 Motion to Appoint Proper Persons on the District Boards after Brookfield representatives resigned from the Board. Judge Oeffler was familiar with the Districts, their interplay, and the prior history involving Brookfield. Judge Oeffler retired in September, and Judge Ryan Loewer is now the Judge assigned to this matter and is the one who ruled on the motion to dismiss. Although motions to dismiss are difficult to win, the Board is nevertheless disappointed in the decision. The next step in the case will be for the Districts to answer Brookfield’s complaint by November 10. The case will then move into the discovery phase. The Board remains open to early resolution of this matter and will continue to explore those options.
As previously updated, the Districts filed a motion to dismiss Brookfield’s claims that ask the Court to order FRMD Nos. 2 and 3 to immediately bond to their maximum debt limit. Unfortunately, the Court recently denied the motion to dismiss. Previously, this matter was pending before Judge Lilly Oeffler, who was the Judge that considered the 2017 Motion to Appoint Proper Persons on the District Boards after Brookfield representatives resigned from the Board. Judge Oeffler was familiar with the Districts, their interplay, and the prior history involving Brookfield. Judge Oeffler retired in September, and Judge Ryan Loewer is now the Judge assigned to this matter and is the one who ruled on the motion to dismiss. Although motions to dismiss are difficult to win, the Board is nevertheless disappointed in the decision. The next step in the case will be for the Districts to answer Brookfield’s complaint by November 10. The case will then move into the discovery phase. The Board remains open to early resolution of this matter and will continue to explore those options.
COMMUNITY UPDATE
April 20, 2023
As the Board previously updated, the Districts filed Motions to Dismiss Brookfield’s First Amended Complaint. On April 17, 2023, Brookfield filed its Responses to the Motions to Dismiss, links to which can be found below. Generally, Brookfield asks the Court to read the governing documents in a way that would allow Brookfield to dictate that the Districts bond to their maximum debt limit several years ahead of schedule and at a debt ratio that far exceeds what was ever contemplated in the Districts’ Financing Plan. The deadline for the Districts to file Replies to the Responses is April 24 (unless an extension for time is granted). Once the Replies are filed, the Motions to Dismiss will be fully briefed and ready for the Court to decide.
With respect to the separate litigation in which Brookfield moved to enforce the Districts’ Service Plan, the Districts responded on March 21, 2023 as described in the March 24 update below. Brookfield filed its Reply on April 7, 2023, which included new exhibits and arguments that the Districts should be required to provide sanitary sewer service to Brookfield’s unfinished development even though Green Mountain Water and Sanitation District is responsible for that service. Under the applicable rules, the Districts moved to file a Sur-Reply brief, which is an additional reply to a motion filed after the motion has already been fully briefed.
Brookfield’s Reply and the Districts’ Sur-Reply Motion and proposed Sur-Reply are linked below. Exhibits available upon request. Brookfield may oppose the Districts’ request to file a Sur-Reply, but once that issue is resolved, the Motion to Enforce the Service Plan will be fully briefed and ready for the Court to rule or to potentially hold a hearing.
As the Board previously updated, the Districts filed Motions to Dismiss Brookfield’s First Amended Complaint. On April 17, 2023, Brookfield filed its Responses to the Motions to Dismiss, links to which can be found below. Generally, Brookfield asks the Court to read the governing documents in a way that would allow Brookfield to dictate that the Districts bond to their maximum debt limit several years ahead of schedule and at a debt ratio that far exceeds what was ever contemplated in the Districts’ Financing Plan. The deadline for the Districts to file Replies to the Responses is April 24 (unless an extension for time is granted). Once the Replies are filed, the Motions to Dismiss will be fully briefed and ready for the Court to decide.
With respect to the separate litigation in which Brookfield moved to enforce the Districts’ Service Plan, the Districts responded on March 21, 2023 as described in the March 24 update below. Brookfield filed its Reply on April 7, 2023, which included new exhibits and arguments that the Districts should be required to provide sanitary sewer service to Brookfield’s unfinished development even though Green Mountain Water and Sanitation District is responsible for that service. Under the applicable rules, the Districts moved to file a Sur-Reply brief, which is an additional reply to a motion filed after the motion has already been fully briefed.
Brookfield’s Reply and the Districts’ Sur-Reply Motion and proposed Sur-Reply are linked below. Exhibits available upon request. Brookfield may oppose the Districts’ request to file a Sur-Reply, but once that issue is resolved, the Motion to Enforce the Service Plan will be fully briefed and ready for the Court to rule or to potentially hold a hearing.
FRMD BROOKFIELD LAWSUIT UPDATE
March 24, 2023
As the Board also previously updated, on Friday, February 17, 2023, Brookfield filed a motion to enforce the service plan (“Motion”) against both the Districts and Green Mountain Water and Sanitation District (“GMWSD”), arguing that District 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out.
On March 21, 2023, attorneys for the Districts responded to Brookfield’s Motion arguing that the Districts’ Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD, and as such GMWSD is the party responsible for providing the service.
As the Board also previously updated, on Friday, February 17, 2023, Brookfield filed a motion to enforce the service plan (“Motion”) against both the Districts and Green Mountain Water and Sanitation District (“GMWSD”), arguing that District 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out.
On March 21, 2023, attorneys for the Districts responded to Brookfield’s Motion arguing that the Districts’ Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD, and as such GMWSD is the party responsible for providing the service.
FRMD BROOKFIELD LAWSUIT UPDATE
March 14, 2023
As previously updated, the Districts filed a Motion to Dismiss all but one of the claims asserted by Brookfield in their lawsuit. Instead of responding to the Motion to Dismiss, Brookfield elected to amend its Complaint, in an attempt to avoid dismissal. On March 8, 2023, the Districts filed revised/updated Motions to Dismiss addressing many of the same deficiencies from Brookfield’s original Complaint.
As the Board also previously updated, on Friday, February 17, 2023, Brookfield filed a motion to enforce the service plan (“Motion”) against both the Districts and Green Mountain Water and Sanitation District (“GMWSD”), arguing that District 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out. Attorneys for the Districts conferred with Brookfield’s counsel regarding several untrue statements in the Motion and, after conferral, on March 6, 2023, Brookfield filed an Amended Motion to enforce the Service Plan (“Amended Motion”). The Districts’ position remains that the Districts’ Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD, and as such GMWSD is the party responsible for providing the service. The Districts’ response to the Amended Motion is due on March 21.
Finally, Brookfield recently submitted onerous public records requests to the Districts under the Colorado Open Records Act. These requests seek tens of thousands of documents and communications from the Districts going back to 2008. The Districts are in the process of conferring with Brookfield’s counsel in an effort to reach agreement on reasonable parameters for the Districts’ production of public records without having to seek court intervention. Regardless, responding to these requests will take significant time and expense. The Districts will charge Brookfield for costs of responding to the requests to the extent authorized by Colorado law.
A link to the Motions to Dismiss, and the Amended Motion can be found on Solterra-Connect under Documents-District Documents-Brookfield Lawsuit. Exhibits are available upon request.
The Boards will continue to keep the community updated.
As previously updated, the Districts filed a Motion to Dismiss all but one of the claims asserted by Brookfield in their lawsuit. Instead of responding to the Motion to Dismiss, Brookfield elected to amend its Complaint, in an attempt to avoid dismissal. On March 8, 2023, the Districts filed revised/updated Motions to Dismiss addressing many of the same deficiencies from Brookfield’s original Complaint.
As the Board also previously updated, on Friday, February 17, 2023, Brookfield filed a motion to enforce the service plan (“Motion”) against both the Districts and Green Mountain Water and Sanitation District (“GMWSD”), arguing that District 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out. Attorneys for the Districts conferred with Brookfield’s counsel regarding several untrue statements in the Motion and, after conferral, on March 6, 2023, Brookfield filed an Amended Motion to enforce the Service Plan (“Amended Motion”). The Districts’ position remains that the Districts’ Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD, and as such GMWSD is the party responsible for providing the service. The Districts’ response to the Amended Motion is due on March 21.
Finally, Brookfield recently submitted onerous public records requests to the Districts under the Colorado Open Records Act. These requests seek tens of thousands of documents and communications from the Districts going back to 2008. The Districts are in the process of conferring with Brookfield’s counsel in an effort to reach agreement on reasonable parameters for the Districts’ production of public records without having to seek court intervention. Regardless, responding to these requests will take significant time and expense. The Districts will charge Brookfield for costs of responding to the requests to the extent authorized by Colorado law.
A link to the Motions to Dismiss, and the Amended Motion can be found on Solterra-Connect under Documents-District Documents-Brookfield Lawsuit. Exhibits are available upon request.
The Boards will continue to keep the community updated.
LAWSUIT UPDATE
February 23, 2023
On Friday, February 17, 2023, Brookfield filed a new motion against both FRMD 1 and Green Mountain Water and Sanitation District (“GMWSD”). The Motion argues that FRMD 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out. As background, a service plan serves as the districts “charter” and is the governing document that sets forth the districts powers, services, general operations and funding. FRMD 1’s position is and remains that the Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD and as such GMWSD is the party responsible for providing the service. FRMD’s response to the Motion is due on March 10. The Board will continue to keep the community updated.
On Friday, February 17, 2023, Brookfield filed a new motion against both FRMD 1 and Green Mountain Water and Sanitation District (“GMWSD”). The Motion argues that FRMD 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out. As background, a service plan serves as the districts “charter” and is the governing document that sets forth the districts powers, services, general operations and funding. FRMD 1’s position is and remains that the Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD and as such GMWSD is the party responsible for providing the service. FRMD’s response to the Motion is due on March 10. The Board will continue to keep the community updated.
UPDATE ON THE BROOKFIELD LAWSUIT
February 13, 2023
As we previously updated, the Districts filed a Motion to Dismiss all but one of the claims asserted by Brookfield in the lawsuit. Instead of responding to the Motion to Dismiss, Brookfield recently elected to amend its Complaint, in an attempt to avoid dismissal. A copy of the Amended Complaint is attached to allow residents to review and understand Brookfield’s latest and revised position.
The Districts’ attorneys are currently evaluating the Amended Complaint to determine the appropriate response. An answer or a renewed motion to dismiss will be due February 22, but it is likely there will be an extension of that deadline.
Thank you,
FRMD
As we previously updated, the Districts filed a Motion to Dismiss all but one of the claims asserted by Brookfield in the lawsuit. Instead of responding to the Motion to Dismiss, Brookfield recently elected to amend its Complaint, in an attempt to avoid dismissal. A copy of the Amended Complaint is attached to allow residents to review and understand Brookfield’s latest and revised position.
The Districts’ attorneys are currently evaluating the Amended Complaint to determine the appropriate response. An answer or a renewed motion to dismiss will be due February 22, but it is likely there will be an extension of that deadline.
Thank you,
FRMD
UPDATE ON THE BROOKFIELD LAWSUIT
January 23, 2023
As discussed at the FRMD Board Meetings on December 8, 2022, and January 16, 2023, Brookfield filed a lawsuit against the Fossil Ridge Metropolitan Districts 1, 2 and 3 on November 23, 2022. This suit requested, amongst other things, that the Jefferson County District Court direct District No. 1 to immediately issue $31.8 million in bonds to repay the Brookfield claims. They are also demanding reimbursement for the maintenance costs associated with public improvements which they claim that the District No. 1 has either failed to maintain or refused to take possession of. In response, the Districts’ legal team has filed a Motion to Dismiss for all but one of Brookfield’s claims.
Brookfield’s Complaint and the Districts’ Motion to Dismiss are attached below so that residents can review and understand the Districts’ position and related legal defense.
The timeline by which these actions will be resolved is difficult to predict. Below is a timeline showing when actions were initiated and dates by which follow-on actions are projected to occur. This timeline will continue to be updated, so that residents can review and understand the Districts' position and related legal defense.
As discussed at the FRMD Board Meetings on December 8, 2022, and January 16, 2023, Brookfield filed a lawsuit against the Fossil Ridge Metropolitan Districts 1, 2 and 3 on November 23, 2022. This suit requested, amongst other things, that the Jefferson County District Court direct District No. 1 to immediately issue $31.8 million in bonds to repay the Brookfield claims. They are also demanding reimbursement for the maintenance costs associated with public improvements which they claim that the District No. 1 has either failed to maintain or refused to take possession of. In response, the Districts’ legal team has filed a Motion to Dismiss for all but one of Brookfield’s claims.
Brookfield’s Complaint and the Districts’ Motion to Dismiss are attached below so that residents can review and understand the Districts’ position and related legal defense.
The timeline by which these actions will be resolved is difficult to predict. Below is a timeline showing when actions were initiated and dates by which follow-on actions are projected to occur. This timeline will continue to be updated, so that residents can review and understand the Districts' position and related legal defense.
- Brookfield’s Complaint: Served on the Districts on Nov. 23, 2022; filed with the Court on Dec. 6, 2022
- The Districts’ Motion to Dismiss: Filed on Jan. 13, 2023
- Brookfield’s Response to the Motion to Dismiss: Due on Feb. 3, 2023 (unless Brookfield receives an extension of time).
- The Districts’ Reply in Support of the Motion to Dismiss: Due 7 days after Brookfield’s Response is filed. Once the Motion to Dismiss is fully briefed, the judge will review the briefing and issue a written decision. The timeline of the judge’s decision is unknown.