There have been several significant developments since the 9/24/21 Superior Court ruling by Judge Daniel Martin (filed on 9/29) granting the application for immediate possession by the Town of Carefree. We are consolidating and reporting these developments in this post.
The Town has satisfied the requirements in Judge Martin’s order and has taken possession of the property intended for the future water reservoir installation, formerly in the north Boulders HOA (BHOA) common area.
The BHOA filed two motions on Friday, 10/01/21 with Judge Martin:
1. A request for partial final judgement on the condemnation case
2. A request for stay of the Judge’s ruling granting immediate possession to the Town
BHOA attorney Dale Zeitlin concedes the Town of Carefree has won the condemnation case, with only the issue of compensation left to be decided. In the motion requesting partial final judgement, he writes:
“The reason partial judgment is appropriate is because the Court has determined that the Town of Carefree is the real party in interest and the proper plaintiff and has the requisite public use and necessity to exercise the power of eminent domain. There is nothing left to litigate regarding these issues. The sole remaining issue is the amount of recovery.”
The stated reason for the request is to allow appeal of some or all of Judge Martin’s rulings, since appeals generally cannot be filed in advance of a final judgement.
In a separate request, the BHOA asks Judge Martin to stay the order of immediate possession “until such time as the Court enters either a partial final judgment that can be appealed or allows the BHOA the opportunity to file a special action to the Court of Appeals.”
As of this writing, the Court has taken no action on the BHOA requests.
Meanwhile the Water Company, relying on the Town’s possession of the property, today started preparation work for eventual construction:
o Property Boundary Survey
o “As received” property documentation
§ Native Plant Inventory
§ Drone Flyovers