A proposed mixed-use development in Elbert County has been put on hold by a judge who blocked a vote that could have created two special districts for the project.
Elbert County District Judge Jeffrey Holmes issued a stay two days before a handful of property owners would have voted on the special districts.
The stay, which will be in place until ownership of the property is decided in court, came Oct. 31 as the judge was in the process of validating the petitions for the Nov. 2 election.
The Elizabeth 86 Residential and Commercial Metropolitan districts were approved by Elbert County commissioners in September, even though the property’s previous owner was suing the development group over ownership issues.
Michael Woodard is challenging the sale several years ago of his 100-acre Gold Creek Ranch property along Colorado 86, west of Elizabeth and between the Safeway and Wal-Mart stores. He sold the land to a group of investors with the stipulation that 50 acres be set aside in a conservation easement and never be developed.
However, the group conveyed only 5 acres for the conservation easement, and Wood ard took the matter to court.
In his ruling, Holmes noted that Woodard’s civil complaint came well before the special districts were being organized. Holmes also said Woodard informed the Elbert County Board of County Commissioners about ownership issues related to the property.
“The BOCC apparently concluded that it couldn’t determine the issue of contested ownership of the property, but the court finds that issue must be resolved before an election can be authorized,” Holmes wrote in his ruling.
Elbert commissioners could not be reached for comment.
Dianne Miller, an attorney for Elizabeth 86, declined to comment Thursday.
Woodard’s attorney, Frank Cristiano, said county commissioners should not have approved the petitions for the two special districts because of the ownership questions.
“They couldn’t properly approve their petitions for establishment of the metro districts until the issue of title was resolved,” Cristiano said.
The metropolitan districts can issue bonds to cover the cost of roads and other infrastructure. Taxes collected within the districts’ boundaries are used to repay the bonds.
At buildout in 2022, the project would have 374 multifamily units on almost 40 acres and almost 213,000 square feet of commercial space.
A status hearing on the civil case is scheduled for next month.
