Department of City Attorney’s Office
Reference: Litigation Executive Session and Resolution to Approve Settlement
To: Mayor Gregory Mills and Members of City Council
Through: Michael Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: March 30, 2022
PURPOSE
To provide a legal update on pending litigation in the case City of Brighton v. Castle Pines North Metropolitan District and to approve a resolution authorizing settlement terms.
STRATEGIC FOCUS AREA
Supportive, Sustainable Infrastructure
Strong Regional Relationships and Partnerships
BACKGROUND
The City filed a complaint and motion for preliminary injunction on November 19, 2021, seeking a declaratory judgment ruling that a conditional bid in a solicitation for the sale of water rights from Aurora is void as a matter of law. Castle Pines issued a request for sealed bids for the sale of several types of water rights. Brighton submitted a bid on two of the water rights being offered for sale. A two-day hearing on the injunction is scheduled for June 27-28, 2022. The City seeks an injunction requiring Castle Pines to convey the water rights to Brighton in accordance with the terms of Castle Pines’ bid documents.
FINANCIAL IMPACT
The purchase of these water rights is already contemplated in the 2022 budget, so there is no change in the financial impact.
STAFF RECOMMENDATION
Staff recommend approval of resolution.
OPTIONS FOR COUNCIL CONSIDERATION
1) Motion to adjourn to executive session pursuant to C.R.S. § 24-6-402(4)(b) and (e) for a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions related to ongoing litigation and to determine positions relative to matters that may be subject to negotiations.
2) After the executive session, City Council will consider adoption of a resolution authorizing the City Manager to execute a settlement agreement with the parties in the litigation.
City Council may adopt the resolution, request modifications, or deny the approval of the resolution.
ATTACHMENTS
1. Resolution to approve settlement with the parties.