A Douglas County District Court judge has denied a request by Sterling Ranch, which asked him to reconsider his decision to put the brakes on the development.
Judge Paul King on Nov. 9 held to his August decision on the subdivision. The judge had reversed the Douglas County commissioners’ 2011 approval of the Sterling Ranch Development and denied the developer’s request to send the matter back to the board for a water supply adequacy determination.
King’s decision comes as a disappointment to the developer, who says it ignores the legal briefs filed.
“It is unfortunate that the appellate briefs weren’t acknowledged. There seems to be a total misinterpretation of the statutes,” said Diane Smethills, Sterling Ranch partner. “That came forward in the briefs, especially the amicus briefs filed on behalf of the business community. They stepped forward out of concern for ramifications statewide.”
King ruled that Sterling Ranch, with its plan to develop 3,500 acres to create 12,000 dwelling units while submitting water adequacy at each plat or phase of development, did not comply with state law.
“While land use and development is a matter of local concern, the adequacy of water for new developments is a matter of statewide concern,” King ruled. “To this end our legislature mandated … that local government shall not approve an application for a development unless it determines that the applicant has established that the proposed water supply for the development is adequate.”
Attorney James Kreutz, who argued on behalf of the plaintiffs, the Chatfield Community Association, applauded King’s decision.
“The statute is clear, it means what it says,” Kreutz said. “Any approving agency and any applicant have to comply with that statute.”
The board has indicated it intends to appeal King’s decision, and Smethills and her partner Harold Smethills remain committed to the future of Sterling Ranch.
“It comes down to an issue of jobs and growth in Colorado,” Smethills said. “This is a very big project. It’s one that has great momentum. It is proceeding.”
