Ryan v Town of Carefree Dismissed

August 4, 2022

The Superior Court Case Ryan v Town of Carefree, CV2020-008667, was dismissed on this date by Judge Jay Ryan Adleman.

The case was brought by a private resident in July, 2020 in an attempt to block construction of a water tank on Tom Darlington Road and adjacent to his property.  Activity on the case declined once the Town filed an eminent domain case for this property on April 23, 2021.  In that later case the Town took possession of the property upon posting of a court-ordered bond on September 30, 2021.

In November, 2021 the North Boulders Homeowners Association (BHOA) sought to enforce a previous injunction issued in the Ryan case, which action had the effect of delaying water tank construction until a January 26, 2022 order by Judge Adleman vacating the Ryan injunction.

The Court has now found “this case is ripe for dismissal on the basis that the sought after relief is moot.”  It was further ordered, denying reimbursement of attorneys’ fees to any party.

There is no longer any attendant, appellate, or Supreme Court case still active in this matter.  Only the condemnation case, CV2021-006704, remains active for the narrow purpose of determining damages to be paid to defendant, the BHOA.  In that case, court-ordered mediation is scheduled to begin this month, with a jury trial scheduled to occur in February, 2023.

In a related matter, Carefree Proposition 472, which sought to mandate deconstruction of the tank and restoration of the property, was defeated by Carefree voters in the August 2, 2022 election.

The tank itself is currently under construction and is scheduled for completion later this year. https://carefreeunity.files.wordpress.com/2022/08/2022-08-04-final-judgement.pdf

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