Government & Politics  December 15, 2023

Court files terms of the injunction in McWhinney v. Loveland dispute

FORT COLLINS — The preliminary injunction hearing that had been scheduled for Monday in the case involving the city of Loveland and McWhinney Real Estate Services has been vacated. The court will conduct a status conference, however, at which time a trial date will be set.

Judge Carroll Michelle Brinegar approved an unopposed motion for preliminary injunction on Thursday. Because the motion was not opposed, the hearing on the injunction was not needed.

The case before the court pits McWhinney, the developer of Centerra South in Loveland, against the city of Loveland because of two council actions Nov. 21 when the newly elected council voted to unravel both the Centerra South Urban Renewal plan and the master finance agreement that supported the development.

McWhinney filed a lawsuit Nov. 28 and sought a temporary restraining order and a preliminary injunction. The judge denied the restraining order but approved the injunction.

In the preliminary injunction order filed Thursday, the judge listed multiple terms:

  • The city cannot take actions related to the Nov. 21 decisions.
  • The city is not required to take actions to implement the URA or master finance agreement.
  • The city may make arguments about the validity of the URA and MFA agreements.
  • The city and McWhinney may express public views on the matter. 
  • Neither party waives any claims.
  • The city does not admit liability or fault.
  • The city does not concede any factual or legal issues in the dispute.
  • The city agrees to use its efforts to complete a trial within 60 days.

While not yet setting a trial date, Judge Brinegar said she is considering Jan. 25-26 as a potential trial date.

The case is McWhinney Real Estate Services Inc. et al vs. city of Loveland, case number 2023cv30956, filed Nov. 28 in Larimer County District Court.

Ken Amundson
Ken Amundson is managing editor of BizWest. He has lived in Loveland and reported on issues in the region since 1987. Prior to Colorado, he reported and edited for news organizations in Minnesota and Iowa. He's a parent of two and grandparent of four, all of whom make their homes on the Front Range. A news junkie at heart, he also enjoys competitive sports, especially the Rapids.
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