Hearing set for Silverthorne, Lowe’s lawsuit | SummitDaily.com

Hearing set for Silverthorne, Lowe’s lawsuit

The hearing set for 1 p.m. today for the court to consider the Town of Silverthorne’s motion to discuss a lawsuit filed against it in September has been changed to March 8.

The district court will consider the case – which is about the town’s approval procedures for the incoming Lowe’s Home Improvement Warehouse – at 1 p.m.

It was rescheduled because plaintiff attorney Rob Waterman requested a different date and the parties have agreed to the March hearing.

The court has ordered an evidentiary hearing, in which the parties must prove their side – that the plaintiffs do or do not have standing to pursue the suit.

Plaintiffs in the case are Deborah Fort and Pamela Bent of Silverthorne and Timothy Reidy and Margaret Schweri of Mesa Cortina, an area of unincorporated Summit County located above the Lowe’s site. They claim they’ll be negatively affected by the store’s development.

The original complaint states the town incorrectly categorized the business as a hardware store, under which it’s granted “use-by-right” status and is guaranteed the right to conduct business in Silverthorne. Designations as a “lumberyard” or “building materials” store would put Lowe’s in a “conditional use” category that does not guarantee the right to do business and gives town officials more negotiating power.

Plaintiffs cite Lowe’s investor documents as evidence that the home improvement center is more of a lumberyard or building materials store than a hardware store. In addition, they say the company self-designates as “lumber and other building materials dealers.”

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