Jan 13, 2025
(PALMER LAKE, Colo.) — Several agencies have filed a lawsuit in the 4th Judicial District Court against the Town of Palmer Lake after the Board of Trustees approved eligibility for annexation of property for the proposed Buc-ees. The lawsuit was filed on Friday, Jan. 10. by Integrity Matters, and supported by Westside Watch, TriLakes Preservation Inc., and several business owners and residents. Palmer Lake Mayor: “We will not be intimidated” by Buc-ee’s opponents “This lawsuit seeks to ensure government accountability compliance with the Rule of Law to protect the rights of local residents and property owners,” said Katherine Gayle, Chief Legal Counsel for Integrity Matters. “The actions taken by the Town of Palmer Lake in this annexation eligibility process were arbitrary, lacked transparency, and ignored critical statutory and constitutional safeguards.” The lawsuit seeks to reverse Resolution 60-2024, which was passed by the Board of Trustees on Dec. 12. The resolution states that the property, located near Beacon Lite Road, would be eligible for annexation. The proposed resolution passed with four votes approving it and one vote opposing it. According to Integrity Matters, the lawsuit alleges multiple statutory and constitutional violations, including: Failure to comply with the Colorado Municipal Annexation Act of 1965 Violations of the Colorado Open Meetings Law Infringement of Constitutional rights The lawsuit highlights concerns such as failure to update the Town's Three-Mile Plan, improper handling of public roadway annexation, requirements, and the prioritization of private interests over community well-being. Earlier on Friday, Jan. 10, Palmer Lake Mayor Glant Havenar posted on Facebook and said the decision on whether the land is eligible to annex is only the first step in a long, detailed process. According to the board, no decision had been made to officially annex the land and such a decision will not be made until all independent studies have been completed and all public input has been gathered. The town is conducting three studies on the possible annexation, which include: A study analyzing fiscal impacts of the proposed annexation A study considering the Town's water rights and water system's ability to support the development and the improvements that may be required A study to analyze anticipated traffic impacts. Mayor Havenar also said the board "will not be intimidated or threatened by activist groups and will continue to serve legally and with due diligence." On Sunday, Jan. 12, Integrity Matters filed a complaint with the Attorney General and claimed that Mayor Havenar's post regarding the Dec. 12 meeting violated free speech, violated the First Amendment and contravened Colorado's law to protect citizens' rights.
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