Giuliano & Father Construction, Inc. and Giuliano Addition, LLLP v. City of Loveland
District Court Case No. 16CV30358
Case summary: This complaint was filed in District Court by Giuliano & Father Construction, Inc. and Giuliano Addition, LLLP against the City making allegations regarding several subdivisions generally located at 43rd Street and Wilson Avenue. The complaint makes allegations in two areas: 1) that building permits are being wrongfully withheld or delayed as result of a dispute as to how many affordable housing units must be built; and 2) allegations that the City is responsible for inadequate design of water infrastructure and demanding upgrades before additional development of 56 units. The City filed a Motion to Dismiss all claims. The parties discussed resolution of the affordable housing issues prior to the complaint being filed. The parties reached a settlement, and the Plaintiffs moved to dismiss the four claims involving affordable housing. Plaintiffs responded to the Motion to Dismiss for the water infrastructure claims, and the City filed a Reply. The City filed a Supplement to the Motion to Dismiss, and Plaintiffs are ordered to respond by April 7th. The City will have the opportunity to reply. The City and Plaintiffs have been meeting to attempt to resolve the remaining claims, with several meetings between November and February. The Court denied any further extension or stay.
Last updated: March 20, 2017