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Timnath council to mull 2 lawsuits against town

TIMNATH — The Timnath Town Council was to meet in executive session Tuesday afternoon before its regular meeting to get legal advice on and consider a pair of business-related lawsuits that have been filed against the town — one by Timnath Trail LLC and the other by Robert and Sandra Flockhart and Verdad Real Estate LLC.

Timnath Trail sued the town in October after a contract dispute over a tract of land that had been annexed in 2008, claiming that it was overcharged for uniform development impact fees it paid in 2018. The town sought dismissal of the complaint, citing the statute of limitations and the limitation-of-liabilities clause in its contract, but the Larimer County District Court Judge C. Michelle Brinegar rejected that request on March 30.

Timnath Trail seeks actual damages of $587,776.64, plus expenses related to its court action, its attorney’s fees, and pre- and post-judgment interest on any award of damages.

The Flockharts, owners of 16 acres on the northwest corner of Harmony Road and Main Street (County Road 5, sued Timnath on April 10 for $4.5 million, claiming that the own Council ignored previously approved development plans that gave them full access to their property off both Harmony and Main when on March 14 it denied Verdad’s application to create five lots there.

The dispute centered on Verdad’s request that eastbound traffic on Harmony be allowed to turn left into the site, which the town felt would be too dangerous.

The plaintiffs have asked for a jury trial on their complaint.

The cases, both in Larimer District Court, are: Case No. 2022CV30689, Timnath Trail LLC vs. Town of Timnath; and Case No. 2023CV30267. Robert Flockhart and Sandra Flockhart, Verdad Real Estate Inc. vs. Town of Timnath.

Source: BizWest