On the eve of settlement talks, Big Sky/CDN just disclosed their “secret nuclear option” designed to try and terrorize the new board into settling – Adrienne Hanagan.
“Be afraid of Adrienne Hanagan and settle” is the unmistakable message.
Even though Adrienne herself is apparently terrified of being deposed or even testifying and being cross examined in open court. Which may be the best explanation for why as the ex-President of the Board she went from leading the effort to terminate the Big Sky IGA to leading the effort to settle and give Big Sky what it demanded. She dramatically changed horses and pushed settlement just before she was set to testify in 2021 and is now pushing for settlement again just before she is set to testify if the case goes to trial.
(To be clear, Adrienne was a good friend. And while she has made some glaringly false accusations about me as well as others, I don’t blame Adrienne. I know her well enough to attribute blame to her “handlers”, not her. )
So let’s talk about the merits of whats really going on here. Why be afraid of Adrienne Hanagan.
We are told in the new Big Sky/CDN brief filed February 2, 2024, that Adrienne Hanagan’s Declaration, dated December 14, 2023 provides “new” information that will win the case for Big Sky/CDN. Of course we can’t read the declaration from the court file because Big Sky/CDN marked it “suppressed” and it’s not yet available. But they sure talk about it a lot in the brief, which IS public.
The first “sneaky” part is that Big Sky/CDN had the Hanagan “Declaration” at least by December 14, 2023 when they prepared it and had her sign it. But they make no mention of it in the first brief they filed the next day on December 15, 2023. No . . . . Big Sky/CDN waited until their second brief to drop the Hanagan “bomb”. Which was filed February 2, 2024, when Green Mountain would not have an opportunity to reply.
They waited until Green Mountain couldn’t respond to make this “dramatic” disclosure. “Strategic” they would say. “Sneaky” I would say.
And then, Big Sky/CDN goes on and on in its second brief about how bad Alex Plotkin, Jeff Baker and even Karen Morgan (who wasn’t even involved in terminating the Big Sky IGA) are for not showing privileged communications to Big Sky sooner and how wonderful Adrienne Hanagan is for showing all her privileged communications to Big Sky . . . EVEN LATER. No mention of course that the privilege Adrienne apparently violated belonged to the board, not her, or an explanation as to why Big Sky/CDN is just disclosing these materials now, when they’ve apparently had them all along.
And what is the Adrienne Hanagan “bomb”. What terrible things are contained in these newly disclosed (except they are not disclosed to the public yet) emails. According to the brief which IS public, it’s a real dud. Heavy on the drama. Not so much on the content.
For example, the Big Sky/CDN brief goes on an on about emails from 2020 that weren’t disclosed. But the Big Sky IGA was terminated in 2019 and the case is about whether or not the Big Sky IGA was valid. What the board did after the April 9, 2019 termination has nothing to do with what the board did or didn’t do before April 9, 2019. And even according to the Big Sky/CDN brief there isn’t anything very interesting about whats IN the 2020 emails. Pretty dull stuff apparently.
And even the emails between May, 2018 and April 19, 2019 that are relevant, aren’t very exciting either.
For example, News Flash – Jeff Baker and Alex Plotkin dared to listen to and talk to the residents about the policy issue of providing sewer to all of Rooney Valley through Big Sky (at Big Sky’s profit).
Communicating with the residents.
About a serious public policy issue.
Related to sewer service outside the Green Mountain district.
And having lots of public hearings consistent with the Open Meetings Act.
Big Sky/CDN wants the Court to decide that that the elected representatives of Green Mountain Water and Sanitation District did something terribly wrong when they actually spoke with and listened to the voters and rate payers about providing service outside the district boundary.
Big Sky/CDN is all “jazzed up” because the Green Mountain board was doing what the residents wanted them to do instead of what Big Sky/CDN wanted them to do. Just that simple. That’s the crux of this case. Big Sky/CDN wants to run Green Mountain just like CDN and Brookfield did during the Adam Paul years and Big Sky/CDN did through May 4, 2018. Pure and simple.
To be crystal clear, it wasn’t some outsider, like a developer, trying to tell the Green Mountain board what they should do, it was the community. Time and time and time again, the residents and rate payers were communicating with their elected representatives to . . . . now this is the part that really offends Big Sky/CDN . . . represent the people who elected them.
The 8 month discussion about enforcing the Green Mountain and Big Sky Service Plan limitations (no extraterritorial service without public hearings and permission) was not some kind of super secret conspiracy to do something behind closed doors. It was probably the most public event and engaged the most public participation regarding any issue related to Green Mountain in the past 20 years. Because it was discussed publicly, openly, and by a lot of people.
A whole lot of people. On the other hand, Adrienne Hanagan is still keeping company with a tiny group of folks who want Big Sky to use Green Mountain to become the new “master meter” sewer provider for all of Rooney Valley.
But the people voted and she lost. It was – and still is – a public mandate. And so dramatically different from the May 8, 2018 developer sponsored “mandate” to get extraterritorial service that resulted in the back room election night Big Sky IGA – with no public hearing.
And I can tell you from personal experience. I didn’t know anything about Green Mountain until Adrienne Hanagan contacted me. She and Rita Bertolli invited themselves to my home on September 1, 2018. Alex joined them. Rita and Adrienne called the meeting and it complied with the Open Meetings Act. That is the only time I remember Adrienne Hannagan at my home other than the time in August 2020 when she and Rita came to say goodbye and thank me for volunteering all my hard work – they told me they had come by but we weren’t home. And I worked side by side with all the major leaders in the community to support, educate, and raise the issues. It was a truly democratic and open process which included constant participation and debate with Big Sky/CDN and their attorneys. No one was left out. 20 – 50 people volunteered time and effort. Hundreds voted.
So how does the “Adrienne Hanagan bomb” fit in. She and Big Sky/CDN want the new board majority to settle. They want the board to be afraid of her and what she will say. But nothing she has to say is either relevant to or addresses the merits of the case.
The Big Sky IGA is history.
It was terminated.
Big Sky/CDN want to threaten Green Mountain with damages for terminating the IGA so Green Mountain will enter into a new IGA in exchange for not paying any damages.
The Court has already held in no uncertain terms that Big Sky is not entitled to service. Big Sky/CDN and Cardel aren’t in the district. Big Sky/CDN can only get service from Green Mountain if Green Mountain decides they want to provide it – through an IGA – intergovernmental agreement under CRS 29-1-203(1). (inclusion is another option but not practical right now)
Since Big Sky/CDN is not entitled to service, Green Mountain doesn’t have to prove they can’t provide service. Green Mountain doesn’t have to give a reason. They can decide they just don’t want to because they don’t feel like it. Period. Green Mountain doesn’t owe Big Sky an explanation for terminating the Big Sky IGA. There are, of course, lots of good reasons not to provide service outside the Green Mountain territory and there are reasons to terminate the Big Sky IGA listed in the Resolution terminating the IGA. But there doesn’t have to be a reason. Purely up to the residents.
And, since Big Sky wants sewer not money, they are using the threat of collecting money to try to get sewer.
Of course, as confirmed by the Court of Appeals there is only a threat of collecting money if and only if the Big Sky IGA is valid. So, if, after all the decisions and appeals, the Courts hold the Big Sky IGA is valid, then and only then is there a threat of collecting money. And at that point in time Green Mountain can have a conversation with Big Sky about giving sewer instead of paying money.
And if the Courts hold the Big Sky IGA is not valid, thats the end of it. Since there are no potential damages if the IGA is invalid, there is no reason to provide service. Unless the residents change their mind and decide they WANT to provide service outside the district to Big Sky and all of Rooney Valley.
So, until the Courts finally conclude the Big Sky IGA is valid, there is no reason to have the conversation about settling by providing service. Especially since the Court already said the Big Sky IGA was invalid and the Court of Appeals said they couldn’t tell without more information. And we already know that there are at least three reasons the Big Sky IGA is invalid – it violated the Big Sky Service Plan, TABOR and the local government budgeting act.
And how much money are we talking about, anyway. There is an argument that if the Big Sky IGA was valid, the damages only run from when the Big Sky IGA became active on May 8, 2018 until termination of the Big Sky IGA on April 9, 2019. And the Big Sky budgets show very little if any money was spent during that time.
If the Big Sky IGA is valid, Big Sky/CDN was not entitled to service until May 8, 2018. And it is also likely that the end of the damage period was shorter – September 2018 because that is when Green Mountain placed a hold on the Big Sky IGA pending review by independent counsel.
Damages, if the Courts hold the Big Sky IGA was valid, appear to be limited to the time between May 8, 2018 and September, 2018. Not much.
Probably a lot less than the hidden costs of dealing with Big Sky on a long term basis over service to them and the rest of Rooney Valley. Based upon past history, and given the recent experiences with Brookfield and Solterra, buckle in for a long bumpy expensive ride if Green Mountain signs up with Big Sky/CDN to provide sewer to all of Rooney Valley, or even just Big Sky.
So what does the Big Sky/CDN secret weapon, Adrienne Hanagan have to do with termination of the Big Sky IGA, whether or not the Big Sky IGA was valid or whether or not Green Mountain should settle.
Nothing.
Because in this country, at least for the time being, listening to your constituents and representing their best interests – which is what is apparently contained in her emails – is not a reason to sue the board. The public debate about the Big Sky IGA went on for 8 months in 2018 – 2019 and has continued since then with public meeting after public meeting, briefs, public debate, public hearing and discussion. Everyone had their say. Residents, the developers, the board, and ultimately the court. The board did nothing but exercise their fiduciary duty in the best interests of their residents, as articulated by the vast majority of the residents each time they’ve had a chance to vote or express their positions. Adrienne lost that battle and nothing will ever change that fact.
The Court of Appeals asked the District Court for more information. If the courts ultimately decide the Big Sky IGA was valid, then Green Mountain can decide whether or not to pay the apparently minimal damages or voluntarily enter into a new IGA and deal with the costs of that endless venture instead of paying damages. But they’re not there yet. The Appellate Courts (including the Colorado Supreme Court if it goes that far) have not said the Big Sky IGA is valid.
The Green Mountain board meets Tuesday, February 13 to vote on whether or not to do mediation with Big Sky.
So disgusting. The shady tactics, disingenuous people, developer aggression… And the unspoken fact that there will not be enough water to service the ridiculous number of homes that will overwhelm this beautiful valley. Thank you John for consistently sharing the real facts!