Loveland Eisenhower Investments, LLC v. City of Loveland, The Greeley and Loveland Irrigation Company and John Does 1 through 50

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Loveland Eisenhower Investments, LLC v. City of Loveland, The Greeley and Loveland Irrigation Company and John Does 1 through 50
Case No. 16CV30362

In this lawsuit, the developer, Loveland Eisenhower Investments, LLC (LEI) is suing the City and the Greeley & Loveland Irrigation Company (GLIC). The developer owns 3 parcels of land and the location of these is not identified in the complaint, but assumed to be near E. Eisenhower Blvd. and the Chubbuck Ditch. The developer's intent is to develop the property for mixed uses, including residential, commercial, open space, and recreational use. The City entered into an Annexation and Development Agreement with LEI for two of the parcels in April of 2010. Around the same time, the City was finishing a protracted case in water court that had been ongoing since 2002. The City and the GLIC entered into a stipulation in that case, after discovery and expert reports, that included a requirement the City will no longer accept or use new water from the Chubbuck Ditch. The developer alleges that the stipulation entered into in January of 2010 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 Agreement.

District Court Pleadings

Last updated: April 15, 2016