A U.S. District Judge ruled in favor of the city of Cortez in a lawsuit filed against the city by several area developers.
In response to a summary judgement filed Tuesday, Senior Judge Walker Miller ruled in favor of the defendants, saying the plaintiffs in the case do not have sufficient evidence to prove their civil or legal rights were breached by the city regarding the fairness of construction standards in their respective developments.
Cortez Public Works Director Jack Nickerson, a defendant in the case, said the case has been a burden on city staff.
Im glad its over, he said.
However, plaintiff John Stramel indicated the case might not be over because an appeal is possible.
We are deeply disappointed with the judges decision, he said in a prepared statement. We always believed that if we could get in front of a jury, we had a reasonable chance of winning this case.
Stramel said he believes Miller made the decision based on documents instead of witnesses.
We have learned that the phrase you cant fight city hall is pretty accurate, he said.
Plaintiffs in the case include Dave Kimble, John Stramel and Stacy Stramel of Furlong Enterprises; Dave Waters and Lana Waters of D&L Construction; and Don Etnier of Residential Building Systems.
The plaintiffs participated in the successful petitioning process to instigate a recall election against the current mayor and four city councilors. The election is set for May 3.
Cortez Mayor Dan Porter Previously alleged the group participated in the recall effort to seat a city council more favorable to their lawsuit a point adamantly denied by the developers.
The suit alleges the city neglected to tell the developers they could use a cheaper native clay to backfill material in their trenches. The developers sought relief in an amount to be determined by the trial.
Millers ruling determined the case would not go to trial.
In his ruling, Miller wrote the developments were subject to the interpretation of the 1980 municipal construction design standards.
That version of the CDS does not specify any particular material to be used for trench backfill, Miller wrote. The judge concludes that since the plaintiffs never asked to use native clay, the city could not have forbade its use.
The suit further alleged Nickerson breached an agreement by requiring a thicker road base than previously agreed to and issued a cease and desist letter on street construction until geotechnical tests were conducted which Nickerson offered to allow the city to pay for.
Eventually, Nickerson allowed the street construction to continue as planned, but with additional subgrade fill.
Miller stated the plaintiffs were unable to specify what particular parts of the contract were violated and deemed the claim abandoned. He dismissed claims against the city and ruled Nickerson and the city may have their court costs paid.
Reach Reid Wright at [email protected].
