Yacht Club holding Town of Dillon in contempt
Summit Daily News
Summit County CO, Colorado
The ongoing dispute over parking between the Town of Dillon and the Yacht Club Condominiums is heating up again. Last week, Yacht Club filed a motion against the Town of Dillon to hold them in contempt of court, claiming the town has not been doing its part in letting owners park in the right-of-way as instructed.
The Yacht Club believes the town is in contempt for three reasons: Keeping “No Parking” signs across from the condos, which are placed in the town’s right-of-way; not plowing the right-of-way and recreation paths near the condos in the same manner as other parts of town; and not taking any actions to enforce temporary guidelines mandated by the court.
The Town of Dillon, town manager Devin Granbery, public works director Eric Holgerson and Mayor Ronald Holland are all named in the contempt motion.
“Yacht Club was very disappointed that the town was not complying with the court’s order, and therefore has requested the contempt hearing,” said Ed Gassman, Yacht Club’s attorney.
Granbery and Mayor Holland both said they could not comment on the case because it’s currently under litigation. But Granbery did refute the claim that the town’s not plowing.
“I can say the town has been plowing the recpath across from the lower Yacht Club as part of our normal and regular snow removal practices this entire 2010/11 snow season,” Granbery said.
Last August, District Court Judge Terry Ruckriegle ruled in favor of the homeowners association, after the association sued the Town of Dillon over a recreation path project impacting the town’s right-of-way. Condo residents had been parking in the right-of-way since the complex was built in the 1960s, and they maintained the town was taking away much-needed parking spaces. Town officials said the condo residents had been parking illegally in the right-of-way for years. The court ordered the town allow condo residents to continue to park in the right-of-way, a motion the town appealed. A stay of the appeal was denied in mid-January, and the case is still being appealed by the town in appellate court in Denver.
According to Bill Bivens, president of the Yacht Club homeowners’ association, the town has only been plowing about a quarter of the snow on the path along Gold Run and Tenderfoot, while plowing “the full width” of the surrounding territory.
“They know that’s the only place we can park,” he said.
Bivens said the association has made numerous attempts to meet with town officials to try to come to a solution outside of court.
“I just don’t understand why we can’t just sit down and make things work,” Bivens said. “We’re frustrated because we don’t see where anybody makes any effort to contact us.”
Judge Ruckriegle signed the motion of contempt last week, and will preside over the upcoming hearing on April 25. Ruckriegle is now retired, but was approved by the Colorado Supreme Court to preside over the court order and hearing.
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