Judge extends injunction in Resurrection Christian dispute

LOVELAND — Larimer County District Court Judge Laurie Dean has extended the preliminary injunction that she issued in a case pitting Resurrection Christian Church against Resurrection Christian School.

The church and school, operating on the same campus in east Loveland but with separate boards of directors, are squabbling over the terms of the school’s lease. The 2012 document provided the school, at one time closely aligned with the church, a 99-year, $1 per year lease on property that it would use. The school also was permitted to operate a preschool within the main church building.

A hearing on the injunction was conducted March 7. In advance of the hearing, the parties filed position statements.

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Resurrection school asked that the injunction be continued until a full trial is held so that the status quo would be maintained. The school contends that the 2012 lease covers the use of space in the main church building for its preschool. “…the parties intended the 2012 lease to encompass the property and facilities then being used by the school,” the school’s statement said. The preschool, originally started by the church, was transferred to the school in 2010. In 2019, the school offered to pay $2,333 in additional rent to pay for expenses related to use of the preschool space. The space is considered “non-exclusive” use, in that it could be used by both the school and the church, the filing said.

The church in its statement said “the location of the preschool is unquestionably outside the 2012 lease…” Also, “RCS’s conduct and communications regarding the preschool are inconsistent with the terms of the 2012 lease.”

The church has served two notices to vacate, and a third notice that it called a Notice to Quit was posted on the doors of the preschool.

“RCS cannot, in good faith, argue that Rez is not within its rights to terminate RCS’s tenancy in the very manner it articulated to the court that it would vacate,” the statement concluded.

Judge Dean set a settlement conference for April 15 and also extended the preliminary injunction. 

“The church may not evict the preschool at this time and must not take any further action that would disrupt the status quo of the preschool’s operations and occupation of the premises until after a full trial on the merits.”

She also ordered the school to post an additional $5,000 bond.

A message sent to Resurrection church’s pastor, Jonathan Wiggins, was not returned. Jerry Eshleman, school superintendent, told BizWest he would prefer not to respond. “It’s a private, sensitive matter for the church and Northern Colorado. We want to respect both the school and church communities.”