Speaking of emails in the Big Sky litigation, here are several emails that actually ARE relevant to whether or not the Big Sky IGA is valid, and the termination was appropriate.
The first series of emails address the pending May 8, 2018 election and approving the Big Sky IGA.
Mr. Morton, Big Sky’s lawyer is telling Ms. Ivey, Green Mountain’s attorney and his former employee, that Big Sky is nervous about the residents running for seats on the Green Mountain board – that the new residents won’t do what Big Sky wants them to do. So . . . he tells her hurry up on the Big Sky IGA so they can get it signed before the new board is elected in two weeks.
Ms. Ivey indicates she’ll comply.
So, one reasonable reading of the emails is that we have Green Mountain’s attorney conspiring with Big Sky’s attorney to undermine the results of the election that is about to take place in two weeks.
This indicates a possible argument that Green Mountain’s access to counsel loyal to Green Mountain’s interests was compromised and Green Mountain was not fairly represented at the time by counsel loyal to Green Mountain’s interests. It also suggests deposition of Ms. Ivey, the board members at the time and Mr. Morton would have been appropriate.
The second series of emails address what is the new territory for the Big Sky IGA and whether or not it includes territory outside the Big Sky Metro District Service Area, including other districts outside Lakewood.
Mr. Morton, Big Sky’s attorney, identifies to Solterra’s attorney the end users for sewer under the Big Sky IGA. Solterra’s attorney says she thought the sewer was just for Big Sky. Mr. Morton explains, no, the sewer is for all the other new developments in Rooney Valley too. Three Dinos (Green Tree Metro District which included Stream Realty), Cardel and potentially Bandimere.
Also, it is important to note that Three Dinos (Green Tree District) were outside Lakewood. And that they were all outside the Big Sky metro District. As Big Sky’s attorney told Lakewood in the Fall of 2018, the Big Sky IGA made Big Sky the “master meter” for all of Rooney Valley. And Green Mountain made it happen by signing the Big Sky IGA.
It is further evidence that Big Sky/CDN was unilaterally changing their Service Plan and Service Area without authority from Lakewood or the Courts, which would have required a public hearing and vote.
The fact that Big Sky did not have authority to create the Big Sky IGA new service plan and Service Area was one of the reasons Green Mountain terminated the Big Sky IGA as stated in the Resolution terminating the Big Sky IGA.
And the Big Sky IGA probably never would have been signed in the first place but for the fact that Mr. Morton and Ms. Ivey hurried it through before the election . . . and had it signed the night the new board was elected. Just in time.
Score card:
Charles Norton is the attorney who represents Big Sky/CDN. He and I debated these issues in front of Lakewood City Council and the Green Mountain Board between August, 2018 and April 9, 2019.
Jennifer Ivey was at the time Green Mountain’s attorney.
The “Green Mountain Election” they are referring to is the May 8, 2018 election when the outgoing board voted to enter into the Big Sky IGA.
(Bold and formatting were added for ease of reading)
1. THE ELECTION (Two Weeks Before)
From: Charles Norton <cnorton@nortonsmithlaw.com
Sent: Tuesday, April 24, 2018 5:00 PM
To: Jennifer Ivey <jivey@isp-law.com
Cc: tmorton962@gmail.com
Subject: Green Mountain Election
Hi, Jennifer,
I wanted to pass along a link that Tom Morton provided to me regarding the Green Mountain Board of Directors election campaign. Here it is:
https://www.facebook.com/Protect-Green-Mountain-Water-SD-59054178463967 7
While it is quite gratifying to know that you have a group of electors in Green Mountain who are thinking these things through, this does highlight the fact that the anti-development slate of candidates seems well funded and organized.
CDN and Big Sky would like to complete a service agreement with Green Mountain at the earliest possible date.
Thanks so much and let me know if you would like to discuss this further.
Have a great evening
Charles
Charles E. Norton
Norton & Smith, P.C.
1331 17th Street, Suite 500
Denver, Colorado 80202-1555
Telephone: (303) 292-6400
Fax: (303) 292-6401
From: Jennifer Ivey <jivey@isp-law.com
Sent: Wednesday, April 25, 2018 12:44 PM
To: Charles Norton <cnorton@nortonsmithlaw.com
Subject: RE: Green Mountain Election
Thanks for sharing this, Charles. We are working through our comments and hope to have a revised draft to you soon. In the meantime, attached is the maintenance IGA that Green Mountain has in place with Fossil Ridge along with an amendment that is still in draft form but has been agreed to in principle by the parties. This is responsive to one of the questions from your last draft of the service IGA.
Jennifer L. Ivey
jivey@isp-law.com
Direct: 303.867.3003 Mobile: 810.287.1978
Facsimile: 303.292.9101
4725 South Monaco Street, Suite 360 Denver, Colorado 80237
2. IS THE BIG SKY IGA SERVICE AREA BIGGER THAN THE BIG SKY METRO DISTRICT SERVICE AREA
From: Jennifer Ivey <jivey@isp-law.com
Sent: Thursday, April 26, 2018 3:52 PM
To: Charles Norton <cnorton@nortonsmithlaw.com>
Subject: RE: Green Mountain Election
Charles can you please send us the map that you are proposing to attach to the service IGA.
Jennifer L. Ivey
jivey@isp-law.com
Direct: 303.867.3003 Mobile: 810.287.1978
Facsimile: 303.292.9101
4725 South Monaco Street, Suite 360
Denver, Colorado 80237
Charles Norton <cnorton@nortonsmithlaw.com
date: Thu, 26 Apr 2018 16:04:37 -0600
subject: RE: Green Mountain Election
Jennifer
I have attached the most recent version, as prepared by Big Sky’s engineer.
Charles E. Norton
Norton & Smith, P.C.
1331 17th Street, Suite 500
Denver, Colorado 80202-1555
Telephone: (303) 292-6400
Fax: (303) 292-6401
From: Kelley B. Duke KDuke@irelandstapleton.com
Sent: Monday, March 12, 2018 3:13 PM
To: Charles Norton cnorton@nortonsmithlaw.com
Subject: RE: Proposed Joint Motion
Charles,
How many property owners are there in the future development area? I was under the impression it was just your client. If there are more, I think they should be party to the agreement, too?
Kelley
Kelley B. Duke
Attorney at Law
Ireland Stapleton Pryor & Pascoe, PC
717 17th Street, Suite 2800
Denver, CO 80202
Direct: (303) 628-3663 | Fax: 303-623-2062
From: Charles Norton cnorton@nortonsmithlaw.com
Sent: Monday, March 12, 2018 4:04 PM
To: Kelley B. Duke KDuke@irelandstapleton.com
Subject: RE: Proposed Joint Motion
Kelley,
To my knowledge, the owners include Cardel (which owns the Lightner parcel) and 3 Dinos. If you look at Exhibit 1 to be attached to the Reimbursement IGA, the separate ownership of 3 Dinos LLC and Lightner is clearly depicted.
The owners current intention is that the entire Future Development Area will be served by Big Sky Metropolitan District No. 1.
We have agreement in principle for that with 3 Dinos and Cardel. However, the plan has been to first reach a service agreement with Green Mountain, and then to negotiate separate service agreements between Big Sky and 3 Dinos and its metropolitan district, Green Tree Metro, and with Cardel, or a metropolitan district that it may form in the future.
This coordination of services among 3 Dinos, Big Sky, Green Mountain, and Cardel is what makes my client willing to pay the full reimbursement amount required for oversizing to serve the Future Development Area, plus a small premium for the value of having the matter resolved in a timely way, within 30 days of Green Mountain accepting wastewater from the Future Development Area.
Of the $1.3 million payment that will be made, the amount actually attributable to the CDN property is about $660,000.00.
Big Sky will make the payment of $1.3 million, but water will only be transmitted to Green Mountain for treatment after the service contracts between Big Sky and 3 Dinos are in place which include a plan for reimbursing Big Sky for the $640,000 overage that it will be paying and other related costs.
For those reasons, while we are willing to accommodate Peter’s technical concerns over why there needs to be a private owner as a party, we would urge that this just be CDN. It is possible in concept to bring in the other owners, but we will first have to have the Big Sky/3 Dinos/Cardel service agreements in place and approved. That means the service agreement between Big Sky and Green Mountain will first have to be concluded.
That of course can’t be done fully, unless and until we have the declaratory judgment entered by the Court. I would think that if we add the other entities as parties, our settlement process may be delayed by weeks. My client (whose patience is already more than a bit strained) may well decide that the best course of action is to put the matter back on the trial docket and just proceed to a decree after trial.
I would appreciate authorization to redraft the Reimbursement Agreement just to have CDN as the ownership party.
Thanks,
Charles
Charles E. Norton
Norton & Smith, P.C.
1331 17th Street, Suite 500 Denver, Colorado 80202-1555
Telephone: (303) 292-6400
Fax: (303) 292-6401
OVERLAY OF BIG SKY METRO DISTRICT SERVICE AREA (BLACK OUTLINE) ON BRAND NEW “SERVICE AREA” CREATED BY BIG SKY WITHOUT AUTHORITY FROM LAKEWOOD CITY COUNCIL REQUIRING A PUBLIC HEARING.
- CARDEL WAS NEVER PART OF BIG SKY//CDN AND IT APPLIED TO BE A SEPARATE METRO DISTRICT.
- GREEN TREE (THREE DINOS) WAS A SEPARATE METRO DISTRICT OUTSIDE LAKEWOOD
