East Grand School District filed a lawsuit against the town of Granby on Nov. 25 in response to town officials’ denial of a rezoning application for the land on which the former Granby Elementary School sits.

The building, located at 202 W. Topaz Ave. and 151 Mesa Ave., has been vacant since the new elementary school opened in 2024.

In September, the school district applied to rezone the property from single-family residential to highway and general business to aid in the sale of the former school site.

East Grand School District Superintendent Brad Ray told Sky-Hi News in October that rezoning would allow the property to be sold faster because it is “the most attractive” and “has a lot of different uses,” including commercial and land-intensive businesses.

At an Oct. 28 Granby Board of Trustees meeting, town officials denied the rezoning application under the assertion that it did not meet the required rezoning criteria. In response, the school district sued, arguing the application denial was “arbitrary and capricious” and an abuse of the town’s discretion under Colorado Rules of Civil Procedure.

According to the complaint, the school district is asking the court to reverse the town’s denial of its application and acknowledge that the town acted outside of its discretion.

Under Granby’s municipal code, rezoning can be approved under certain conditions. The school district’s complaint argued that its application met at least two of these conditions: The existing zoning was inconsistent with the town’s 2023 comprehensive plan, and the area changed enough to justify a new use for the building site in the public interest.

According to the town’s denial of the application, the Board of Trustees found that none of the required rezoning criteria were met and that the applicant failed to justify why the property should be rezoned. The denial also stated that the “existing official zoning map district is consistent with the policies and goals” of the town’s comprehensive plan.

The district also stated that when considering the application, the Granby Planning Commission and Board of Trustees raised concerns that redevelopment of the school property could compete with the town’s Nuche Village housing project, according to the complaint. The district argued that potential competition with a town-backed project is not a valid zoning criterion.

The next court proceeding is scheduled for 7 a.m. Feb. 23 with Judge Mary C. Hoak proceeding.