Montava files response to claim that it didn’t have standing to sue

FORT COLLINS — The developers of the 999-acre Montava parcel in northeast Fort Collins dispute the efforts of WRCC Inc., the owner of the ditch that runs through the property, and point to contracts that it has with Anheuser-Busch and the Poudre Valley School District.

In other words, Montava Development & Construction LLC said that WRCC’s motion to dismiss the lawsuit that Montava filed against it fails because the developer has standing under contract with the landowners to pursue ditch crossings in order to receive city of Fort Collins approval of its development plans.

Montava filed the lawsuit against WRCC alleging that after years of negotiations with the Eaton-based ditch company to reach an agreement on crossings that ditch operators illegally were blocking Montava with demanded changes.

WRCC filed a motion to dismiss saying that Montava didn’t have standing to file a lawsuit because it didn’t own the land adjacent to the ditch. 

In the latest response filed last Wednesday, Montava said that its contracts with Anheuser-Busch and the Poudre district, which own the land on which Montava would build, authorize it to proceed with securing crossings prior to receiving city approval and prior to actually closing on the land.

“Colorado law is plainly contrary to the defendant’s arguments. While ditch rights are important, they cannot be unreasonably wielded to prohibit the development of neighboring lands,” the response said.

Montava also said that it had received preliminary ditch company approval of engineering that would permit the crossing of the Number 8 Outlet Ditch, a position that the ditch company denies in its motion to dismiss.

Montava also said that its request for a declaratory judgment in the case is “specifically the remedy for this type of ditch dispute.”

Contacts with WRCC’s law firm, Lawrence Custer Grasmick Jones and Donovan LLP, were not returned prior to publication time.

The case is Montava Development & Construction LLC, et al, versus WRCC Inc., case number 2024cv30143 filed in Larimer County District Court on Feb. 19, 2024.

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