Brookfield Lawsuit
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.