Vista South, Mountain Waste file legal complaint against Parker

Sanitation companies seek trial over town's actions to block transfer facility

Posted 10/2/18

Vista South LLC and Mountain Waste - South Metro LLC have pending legal action against the town of Parker, citing complaints regarding an alleged violation of the Colorado annexation act. The two …

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Vista South, Mountain Waste file legal complaint against Parker

Sanitation companies seek trial over town's actions to block transfer facility

Posted

Vista South LLC and Mountain Waste - South Metro LLC have pending legal action against the town of Parker, citing complaints regarding an alleged violation of the Colorado annexation act.

The two waste management companies filed a formal complaint against the Town of Parker April 12, which originally included complaints against the City of Centennial as well. The complaint stated Centennial and Parker failed to comply with statutory obligations relating to the decision to annex the properties surrounding the property the companies own, previously in unincorporated Douglas County, which led to the eventual denial to build a trash transfer facility in the area.

City officials stated the complaint against Centennial has since been closed.

“This failure deprives Owners (Vista South and MWSM) of their statutory right to vote concerning the future of their Property, and would allow the Property to be unlawfully annexed into Parker,” the complaint states.

The Parker Town Council was open about its interest in preventing a trash transfer facility to be built in the area. On April 16, the town approved the annexation and rezoned the area to keep the facility from being built. Vista South and Mountain Waste were the only non-consenting property owners to Parker's annexation of the area into the Compark Metropolitan District.

Vista South is currently pursuing a civil lawsuit. The date of the trial is pending. Vista South is seeking declaratory, injunctive and mandamus relief from the Douglas County District Court. Those reliefs include the annexation of the property to be held in abeyance and an election to be held in regards to whether or not the property should be annexed.

Vista South and Mountain Waste declined to comment. Parker town officials also declined to comment.

Upon hearing about Parker's intent to annex the land, Vista South filed annexation petition papers to Centennial. The filing was meant to spur a period of temporary suspension and an election in efforts to counter the actions of the Parker Town Council.

The complaint further addresses the City of Centennial's passage of the “Centennial Resolution,” which states the city “has no intent to consider for annexation or to annex the property within Douglas County…” Currently there are no incorporated areas of Centennial in Douglas County. The resolution was passed after the annexation petitions were submitted, but the city chose not to receive the petition, citing the newly passed resolution.

“The Owners are entitled to mandamus relief against Parker, directing Parker to hold all proceeding relating to the Parker Annexation Petition (as it relates to the Property) in abeyance pursuant to the duty specifically imposed on it by law,” the complaint reads.

Parker Town Council approved an ordinance indemnifying the mayor, town council and town employees from pending or threatened civil action from Vista South LLC at its Sept. 17 meeting. The ordinance cited Section 15.18 of the Home Rule Charter to indemnify, or secure against legal liability, the mayor, town council, town employees and appointed officials.

Following the annexation and rezoning of the properties, Vista South submitted a petition to reconsider the motion to annex the property to town council, which was ultimately denied June 11.

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