Owners of trash transfer/recycling facility file motion to stop lawsuit

Town filed lawsuit against county in December

Posted 1/16/18

The owners of Mountain Waste and Recycling, whose plans to build a recycling/trash transfer facility in the Compark Industrial area have been met with resistance by Parker officials, have filed a …

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Owners of trash transfer/recycling facility file motion to stop lawsuit

Town filed lawsuit against county in December

Posted

The owners of Mountain Waste and Recycling, whose plans to build a recycling/trash transfer facility in the Compark Industrial area have been met with resistance by Parker officials, have filed a motion to intervene with the Douglas County District Court, seeking permission to argue that there is no merit to a lawsuit filed by the town last month.

Parker filed a lawsuit against Douglas County Dec. 21, claiming the county would be in violation of an intergovernmental agreement if they approved the site plan for the recycling/trash transfer facility, which is in unincorporated Douglas County, adjacent to the northern border of Parker. The facility, called Vista South Waste and Recycling Transfer Station, has been at the center of debate between Parker officials, residents who live nearby and Scott Eden, president of Mountain Waste and Recycling. Redbarre Media officials also weighed in on the debate, claiming they would not bring their proposed billion dollar media campus to Parker if Vista South is approved.

The recent court documents, officially called a Motion to Intervene with attached Motion to Dismiss, state that Vista South Waste & Recycling Transfer Station noted the extraordinary effect of Parker's complaint, in which Parker attempts to prevent Douglas County from continuing to process Vista South's application for the transfer station in unincorporated Douglas County. Parker argues that an intergovernmental agreement with Douglas County precludes the county from taking action to process the application.

“Parker is attempting to preempt the Douglas County commissioners' authority over land located in unincorporated Douglas County,” said Mountain Waste President Scott Eden. “We have followed the application guidelines and we have abided by the process. We don't see a reason that the court should grant Parker that kind of preemptive power now. We believe the Town of Parker has no grounds for complaint.”

According to Eden, they purchased the land specifically to build this facility, and were told by Douglas County it was zoned for that purpose. Eden said he also spoke with Parker town development director John Fussa, and asked for suggestions for alternative sites, but received no recommendations from the town.

As part of Vista South's filing, the company also emphasized that the land in question in the Compark Industrial Center was specifically zoned for this kind of business nearly 20 years ago.

“The area needs this kind of transfer station to accommodate growth and improve recycling efforts in accordance with State of Colorado goals,” said Eden.

“Anyone who advocates for good environmental stewardship will be a fan of this transfer station, for all the benefits it will bring to the area."

The motion stated the plaintiff (Town of Parker) opposes Vista South’s intervention in this action. Defendant (Douglas County) does not oppose Vista South’s intervention and does not oppose the relief requested in this motion.

Parker Mayor Mike Waid responded via email, stating, "Vista South, LLC, filed a motion to intervene into the lawsuit that the Town filed against the County for violating the terms of the IGA. The Town plans to oppose this motion for the reason that the IGA between the Town and the County provides that '...this Agreement shall not grant any status or right to any third party, specifically any owner of property, to make any claim as a third party beneficiary, or for the deprivation of any right, violation of any vested right, or inverse condemnation. This Agreement is for the benefit of the parties only to resolve issues between the parties.' Since Vista South, LLC is NOT a part of the IGA between the Town of Parker and the County and this is the very same IGA that specifically DOES NOT permit trash transfer facilities in this location the town will oppose their motion. The IGA is a binding legal agreement between the Town and the County."

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