by a concerned Avon Taxpayer
In the matter of the ongoing litigation between the Town of Avon and developer Traer Creek – the Town of Avon’s legal claim(s) against the developer lost immense ground last week.
Background – The Judges ruling from last week (Click Here) makes clear that there are and have been separate legal entities that are involved in the civil dispute.
Central to Avon’s claim(s) is that the Traer Creek (Development company) can be held to account for the legal obligations of the “Traer Creek Metro District”.
The judges ruling makes clear – that Avon’s claim(s) to enjoin the legal obligations/liabilities of separate legal entities are invalid.
These separate legal entitles as well as “the plain language” (as reference by the Judge) including the 1998 Avon Annexation Agreement are part of the 3 page Ruling that weakens Avon’s claims.
What does this mean to the Avon Taxpayer?
1 – The Millions of Taxpayer monies spent by Avon Mayor(s) (Ron Wolfe and today’s Rich Carroll), and supportive Town Council members are most likely wasted.
2 – Future Rulings favoring developer Traer Creek – (counter claims actually) against Avon for ignoring or refusing new development proposals previously submitted – over several years – are not only possible, they may indeed be likely, if the proposed Settlement Agreement is not completed…
3 – Avon Town Attorney (Eric Heil) may have to make a phone call to his Malpractice Insurance carrier – for his (years of misreading?) of what Judge Moorhead refers to as “the plain language of the Agreement”… Concerns were brought to the ECT last week that Attorney Heil’s case – indeed his (central claim?) against the Developer – may now have essentially evaporated by this ruling last week.
Time will tell.
In the meantime Avon Taxpayer and Voters…the ECT will let you know which Avon Town Council members are running for re-election this November 2012.