Bendelow Law Office recently represented a local municipality in Colorado on a four year battle with a developer over construction of a new sewer plant. The developer wanted to prohibit construction of the facility so it could control development. The Colorado town (left unnamed here for legal reasons), was facing regulatory penalties over an aged and non-compliant facility, sought to control its future in providing municipal services. Through multiple judicial forums and administrative proceedings, we fought with court hearings, briefs and experts. In the end, the plant was built and is operating as designed, in full compliance with all health and regulatory requirements. Meanwhile, several members of the development group have asked to connect to the new facility.
Here, a win-win situation wasn’t possible, but the local Colorado town municipality overcame enormous opposition, not from the community, but from a development group who perceived its interests as different from the town. I believe the opposition was misguided and not in its own long range economic best interest, but they certainly have the right to their own opinions and decisions. Presented with the need to defend the town, I did so. If we couldn’t negotiate, I was successfully able to litigate.