Rez asks court not to summarily discharge its claims against school

LOVELAND — Resurrection Fellowship, a Christian church in east Loveland in a lease dispute with Resurrection Christian School located on its property, has asked the Larimer County District Court to not approve the school’s motion for summary judgment on a couple of the issues involved in the dispute.

In a response to the school’s motion, the church said the issues — breach of implied-in-fact contract and unjust enrichment, both alleged by the church — were not ripe for dismissal. It attached 59 exhibits to its filing.

“(W)hether an implied contract exists is a question of fact based on totality of the circumstances — and here, those circumstances are rife with disputed issues of material fact,” attorneys for the church wrote. 

The unjust enrichment claim is valid, they also wrote, because the court has not determined what lands are included in the leases between the parties.

Resurrection school was established by the church in 1998. The school and church operate under separate boards of directors. A 99-year lease at $1 a year was established, and a lease in 2012 was created when the school built a high school.

From there, the issues as seen by the parties diverge. They dispute whether athletic fields are included in the previous agreements, whether a pre-school within the church operated by the school is included and at what terms, how parking lots are to be used and shared, and more.

A letter penned by Resurrection church pastor Jonathan Wiggins in 2017 is at issue, with the church saying the letter and the school’s response to it constitute a contract and the school claiming otherwise. 

The church offered to clarify lease terms in exchange for a majority of church members on the school’s board of directors and a say in the selection of the school’s top administrator.

The church asked the court to deny the school’s summary-judgment motion until further clarification of the facts are determined.

The school’s superintendent, Jerry Eshleman, when contacted by BizWest chose not to comment further beyond what the school has filed with the court.

The case is scheduled for a settlement conference April 15 and a trial June 3-7.

The lawsuit is Resurrection Christian School v. Resurrection Christian Church, case number 2023cv30600 filed July 28 in Larimer County District Court. 

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