It’s time to cash in. Green Mountain can make millions of dollars in fees off unsuspecting new residents without worrying about any long term “unforseeen” consequences. Live in the moment.
Dave Garner and the new majority have it right. Their job is to cash in on new development. Get a piece of the action for Green Mountain. Back to the way it was during the Adam Paul years.
It doesn’t matter that
- Big Sky or Green Mountain DID NOT have authority under their Service Plans to create a new “master meter” (quote from Big Sky’s counsel in 2018)
- A trial court has said Green Mountain has no obligation to provide service
- A trial court said the Big Sky IGA violated TABOR and the Local Government Budgeting Act
- The appellate court wanted more information which is available
- Big Sky and Cardel have sewer service available through Mt. Carbon or directly to Denver Waste
- The Green Mountain voters have opposed extraterritorial service and no residents have spoken in favor of extraterritorial service.
- The Big Sky and Cardel theory of their case is that it’s absolutely wrong for residents to participate in the decision about extraterritorial service. ONLY developers are allowed to tell the Green Mountain elected board what to do – NOT the residents. If the residents get involved, its “illegal.”
Dave Garner and the new majority know better. They know whats good for the Green Mountain residents – better than the Green Mountain residents. It’s all about the money. And going along to get along.
It’s time. The attorneys all want to settle. They also know whats in the best interests of the Green Mountain residents. Its all about the money. And going along to get along.
There will be a special meeting Tuesday, January 30. Call Dave Garner and let him know you’re ready to give up. Time to cash in. He’ll appreciate the call.
The brief filed by the Green Mountain attorneys is secret. A motion to make it public has been filed and is awaiting a decision. It’s secret because Stream Realty filed a motion to keep things secret about their finances. And it’s still secret even though Stream Realty gave up and left the case. Even the stuff thats not secret is still being withheld.
But we know enough from Cardel’s brief, which was public, to know that the Green Mountain motion for summary judgment fell short. Green Mountain did not argue the primary reason for terminating the Big Sky IGA. The primary reason voted on in the Resolution terminating the Big Sky IGA. A reason conceded by Big Sky shortly after the termination.
The primary reason stated in the termination resolution voted on by the board was that both Big Sky and Green Mountain had to get permission first to provide Service to all of Rooney Valley. Big Sky and Green Mountain had to amend their Service Plans – after a public hearing – in order to set up Big Sky as the new “master meter” for Rooney Valley.
Neither Big Sky or Green Mountain had authority and the statute creating IGAs says the government entering into an IGA MUST HAVE AUTHORITY to do so. And for special districts like Big Sky and Green Mountain that authority can only come from one place – the Service Plan.
The Court of Appeals noted that the arguments present in the Resolution voted on by the board to terminate the Big Sky IGA April 9, 2019, were not given to the court previously. The arguments in the resolution still haven’t been presented, even after the Court of Appeals invited them to be argued.
Maybe the arguments weren’t included in the motion for the same reason that the jury trial was forfeited. Hard to tell.
Anyway. Its time. Time to cash in and cash out. Call Dave Garner. He’s waiting to hear from you.