Park County Comm. Center Injunction

As you all most likely are aware, The District Court Judge Stephen Groome turned down our Request for an Injunction, which was an attempt to put a hold on the Commissioners attempt to go forward with Construction of an 8500 Sq. foot building for a new Communications Building in Fairplay.

When called by the Flume for my reaction to this decision I was asked by the reporter if AV8OR and I were going to Appeal this decision. My reply was that he and I would talk about whether or not there was enough support and interest on the part of the citizens of Park County.

We decided that we would gauge the support and interest vis a vis a poll on this forum. We would greatly appreciate your vote and comments in order to determine if there is enough support for this step. We do feel that there are issues that we were prepared to address in a courtroom that could very well have caused us to have success.

At the very least, find out ALL the details about the proposed Comm Center...does the cost thrown out include the architect/engineer fees? Do it include the move from the temporary building &/or the current condemned building? Has there been a cost comparison between retro-fitting the current building and creating a brand new one?

I would like to see figures and more information. Like: what happens if a new building is not built? What happens if an existing vacant building in Fairplay is used? What are the long-term ramifications of both building a new structure (maybe a cost savings for building maintenance) and trying to find another way?

Unfortunately, I work in Breckenridge Monday through Friday, so am unable to attend any meetings held during the work week. And I am not familiar with any legalities regarding hardly anything, but if documents need to be read or research done, I'd be willing to help. Or if there is some other way I can help, I'd be willing to do so.

i said maybe because i really don't know what your summons and complaint and response said. if it didn't fit all the requirements it won't make it on appeal. and there is the chance of having to pay all court costs and attorneys fees for the other side besides your own costs for the appeal. a real possibility. i think you could use the argument though that judge groome should have excused himself since he has a conflict of interest and couldn't be unbiased in his decision.

i understand your wanting to bring it forward as the commissioners have ignored its constituents for too long, never responding to emails, letters, phone calls, etc. but appeals to be heard by the court of appeals have a format all their own and usually expensive attorneys well versed in that process since it is a different kind of animal from regular court proceedings.

i would be interested in what others have to say as i don't know a whole lot about this area. something i didn't learn much about when i worked/researched for my dad.

so after i went offline i got to thinking -

doesn't an appeal stay all proceedings which would preclude the commissioners from making any decisions regarding this?

did your pleadings claim irreparable harm?

and what exactly was phillips argument about it being a political issue? i am not clear on this.

MtnTrekker: Send me an e-mail and I will answer some of this and hopefully be able to send you copies to answer these questions.

I find it hard to accept that it is a political argument though that is what the judge ruled on. How can it be political if we are all of the same party?

I do think you may be right on a stay regarding decisions by the commissioners. I have seen this in the past where everything is halted. I feel it is a VERY good argument going forward stating the fact that groome should have recused himself. Not, responding to e-mails etc could have some merit in an appeal. Yes, mtntrekker is right, everything has to be to the letter when dealing with the crt of appeals. It is a whole different ball game. I have submitted a few, but here again, unless I see what you filed I cannot answer this.

At this point in time, I truly feel it would be worth the money to have an atty look at what you filed to see if it would be worth the time & money to proceed to an appeals crt. I have someone in mind & if you do not mind will give this person a call. I would also be willing to put forth some money just to get this resolved as to speculation on if it is worthy to go forward with this whole thing.....

I would be willing to make a similar donation as last time towards the cost of having counsel review the paperwork to determine if citizens have a chance to delay this center. I would need to know before Monday am if I need to send $.

I will be everywhere in the US for the next 2 weeks but CO.

Sundance wrote:
At this point in time, I truly feel it would be worth the money to have an atty look at what you filed to see if it would be worth the time & money to proceed to an appeals crt. I have someone in mind & if you do not mind will give this person a call. I would also be willing to put forth some money just to get this resolved as to speculation on if it is worthy to go forward with this whole thing.....

sundance i am encouraged by your post. is this an attorney who regularly files appeals cases?

i would be willing to contribute some just to stay it so that the commissioners get a chance to pay attention to the concerns.

Nmysys wrote: MtnTrekker: Send me an e-mail and I will answer some of this and hopefully be able to send you copies to answer these questions.

I find it hard to accept that it is a political argument though that is what the judge ruled on. How can it be political if we are all of the same party?

sent you an email. i have never done an email through this website, only p.m.'s. so hopefully it all went through? let me know if it doesn't show up soon and i will p.m. with email address.

mtntrekker & xmas_porn Thank you both for your consideration of a donation. Yes, this atty has done appeals & won, but these were cases he had started. Also, he has challenged judges decisions here in park co. Cannot remember on these. Too long ago. I have a lot of thoughts, and the biggest is 1st to see if nmysys wants to do it. I just read the article in the flume & reasons. It says besides political, there were no claims of relief. What I would like to do & we have to do it fast is try to contact him tomorrow. I was thinking, even if he agreed to having the filing/pleading faxed to him with groome's answer & he could look at it that way, we may save time & money. What do you think? Also, ask me how he regards groome?.....