FIRESTONE — A jury trial to determine whether the Central Weld County Water District overcharged the town of Firestone — by a cumulative $8.6 million over multiple years — has been moved to June 12, 2023.
While the court record for Weld County District Court does not show a court order establishing the new trial date, the court schedule does show a multiple-day trial commencing on June 12 in the case.
Firestone sued Central Weld in August 2021, alleging that the district continued to charge for some water service under agreements that ended years earlier.
The case filed in Weld County District Court alleged that a 1974 initial agreement and several addendums between 1998 and 2005, and one providing for a water main extension in 1994, included provisions for initial fees and later increases, based on the number of residential taps affected.
The complaint alleges breach of contract and negligence.
The suit said various payment surcharges, which for one addendum’s project came to $12.4 million, were to have ended by 2011.
Central Weld Water “continued to assess [additional fees] long after the expiration date for those charges and overcharged the town,” according to the suit, and “to date the district has improperly charged approximately $8.6 million to the town, which is entitled to repayment.”
Central Weld filed on Nov. 7 a proposed order for summary judgment, on which the court has yet to rule.
The case is Town of Firestone v. Central Weld County Water District, 2021cv030465.