Fraser responds to lawsuit from Cornerstone Holdings |

Fraser responds to lawsuit from Cornerstone Holdings

The Town of Fraser and its board of trustees are seeking the dismissal of a lawsuit from Cornerstone Holdings Winter Park LLC over the board’s denial of a special use review permit for a wastewater treatment plant.

The town’s response, filed earlier this month, rejects Cornerstone’s charge that the findings in board’s resolution to deny the permit were “generic and vague” and insufficient to support denial.

Cornerstone had sought the permit for a wastewater treatment plant to serve the Byers Peak Ranch development.

The board denied the application at its Sept. 16 meeting.

In the resolution denying the permit, the board cited the proposed use’s incongruence with Fraser’s codes, ordinances, regulations and comprehensive plan.

The resolution also stated the facility would be in conflict with adjacent uses due to noise, odor and impact on property value.

During the hearing, Clark Lipscomb with Cornerstone said similar facilities in other developments had little to no impact on adjacent properties.

In the lawsuit complaint, Cornerstone contends there was a lack of evidence presented during the Sept. 16 meeting to support the board’s findings.

Cornerstone is seeking a reversal of the board decision or, as an alternative, that the court require the board to “make findings and reach a decision consistent with the evidence presented to it at the public hearing.”

The town is seeking the lawsuit’s dismissal with prejudice as well as recovery of court and attorney fees.

Hank Shell can be reached at 970-887-3334 ext. 19610.

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