Judge affirms dismissal of Longmont Costco lawsuit

LONGMONT — A Boulder County District Court judge has decided not to reconsider a decision he made that dismissed a case that sought to derail the construction of a Costco store on Longmont’s east side.

Judge Bruce Langer in his dismissal motion said that the plaintiffs lacked standing to file the case. In his order to deny reconsideration, he said, “The true cause of the claimed injuries is arguably the development itself, not the administrative decision regarding number of parking spaces, landscaping and other aspects of the site plan.”

The background: The filers contended that the city failed to meet city code, the city comprehensive plan and zoning codes.

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The city, according to the lawsuit, is working in collaboration with Golden Farm LLLP and Aggregate Industries – WCR Inc., to bring Costco Wholesale Corp. to Longmont. The Costco would be built on land at least partially owned by the Golden aggregate companies located east of the Harvest Junction retail development and near Ken Pratt Boulevard and South Martin Street. 

Longmont Planning and Development Services provided conditional approval for the Costco development plan on Feb. 14, 2022, as permitted by city code because the development was seen as a permitted use, according to the lawsuit.

Specifically, the lawsuit alleges that the plan violates the code because of the visual impact of parked vehicles, because planners permitted a reduction in landscaping and an increase in parking, and failed to take into account traffic flow in the area around the development.

Langer said the plaintiffs, Residents and Workers for a Safe Longmont, “identified no basis for the court to revisit this finding.”

Randall Weiner, one of the attorneys representing the plaintiffs, told BizWest he had just received the court’s July 18 decision and had not yet spoken with his clients about next steps.

The case, filed in Boulder County District Court, is Residents and Workers for a Safe Longmont v. the city of Longmont, case number 2022cv30163.