Case No. 16CV30362
Case summary: The Plaintiff, a developer by the name of Loveland Eisenhower Investments, LLC (LEI) sued the City and the Greeley & Loveland Irrigation Company (GLIC) on April 11, 2016. The developer owns approximately 58 acres of land, at the northeast corner of Eisenhower Boulevard and Denver Avenue. The city approved the annexation and development of this Mixed Use Activity Center zoning project in an agreement executed in April of 2010. The City filed two applications in water court for a change to municipal use of some water rights, known as Chubbuck Contract Inches. After several years of litigation, the City and the GLIC entered into a stipulation in two water court cases that included a requirement the City will no longer accept or use new water from the Chubbuck Ditch. The stipulation was finalized January 25, 2010. The Plaintiff alleges that the stipulation is a breach of contract, seeks declaratory relief that the stipulation was an unlawful delegation of the City's legislative authority, and that the City breached the implied covenant of good faith and fair dealing in the Annexation and Development Agreement. The parties have completed discovery and participated in a full day of mediation. The parties were not able to resolve the matter and have filed motions for summary judgment. The Court denied the City’s motion for summary judgment. The City filed a motion seeking certification of questions for the Court of Appeals. The Court granted the motion, but the Appeals Court denied the petition. The City will also be appealing the governmental immunity issue.
Last updated: March 22, 2018