Judge grants Dillon condo owners temporary reprieve
April 23, 2009
DILLON ” The Yacht Club condominium complex was granted a temporary reprieve Wednesday, when District Court Judge Terry Ruckriegle issued a restraining order against Dillon’s road-reconstruction project set to start Monday. A preliminary injunction hearing is set for May 1.
“The judge ruled in our favor because we were able to demonstrate reasonable impact on our property from the project,” said Steve Delaney, president of the Yacht Club homeowners association. “Hopefully we can resolve this without going any further. Our stance from the get-go was to compromise with the town of Dillon. We are hopeful, that with mediation, we can get this resolved.”
The Yacht Club lawsuit stems from the town’s elimination of parking spaces in a public right-of-way that have been used for decades by condo owners. Dillon hoped to move forward on a second season of summer road projects ” this year’s project focuses on revitalizing Gold Run Circle and Tenderfoot Street. Road reconstruction would have eliminated the possibility of parking in the town’s right-of-way.
Yacht Club’s lawyer said at Wednesday’s hearing that Dillon violated its town charter because it didn’t hold a public hearing before approving the road project. He also said that the road project would create a significant burden for Yacht Club residents. Dillon’s attorney argued that since the project is entirely on town property, it didn’t merit an ordinance.
“We can’t proceed on the first phase of the project,” said Devin Granbery, Dillon’s town manager. “We’re on hold until the preliminary injunction hearing.”
The town has placed markers showing the town’s right-of-way by the complex, and it’s enforcing such rules against parking in the right-of-way town wide.
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Dillon maintains parking isn’t allowed in town right-of-ways overnight, and they’re simply following town code. The suit seeks to temporarily stop road construction until the town and the condo association compromise on the parking issue.
At stake are parking spaces for the Yacht Club, which was built in the 1960s with parking for approximately one car per unit. Yacht Club condos have up to three bedrooms. Owners maintain losing parking spots will significantly reduce the value of their property.
Yacht Club is located at the corner of Gold Run Circle and Tenderfoot. Residents are tandem parking for units because not enough spaces were constructed when the complex was built.
Delaney said that less parking will reduce the value of the condos, hurting owners financially and opening up the complex to “blight” under the town’s new urban renewal plan.
Delaney said the town suggests condo residents use overnight parking near Bootleggers, a walk that he said is too long, especially in winter. He also said Yacht Club offered Dillon its lake-front land for a bike path, to preserve the right-of-way parking that the condo owners say they need. According to Delaney, the HOA doesn’t want to stop the project. It merely seeks a compromise and suggests that Gold Run Circle be made a one-way street, with recreational traffic in the second lane.
Caitlin Row can be reached at (970) 668-4633 or at email@example.com.