Weld judge: Lochbuie’s lawsuit against Hudson Library was ‘misguided’ attempt to get a new library

LOCHBUIE — Citing the town’s “misguided attempt” to force Hudson Library and High Plains Library district to build a new library in Lochbuie, a Weld District Court judge has ordered Lochbuie to pay almost $75,000 in attorneys fees.

Lochbuie, in return, has appealed the ruling to the Colorado Court of Appeals.

The case stems from a lawsuit that Lochbuie filed in August 2023, claiming that Hudson Library was benefiting from tax dollars paid to the High Plains Library District, while mostly ignoring the library needs of Lochbuie, which is the larger town and taxpaying base in the area.

Weld District Court judge Todd Taylor sided with Hudson Library and the High Plains Library District.

High Plains Library District collects funds from the Weld Re-3J School District service area, which includes both towns and Keenesburg. The district distributed two-thirds of the taxes to Hudson to use for library services in south Weld. Hudson was designated as the entity to control the use of those tax funds because it had its own library and library district when High Plains Library District formed.

Lochbuie, however, claimed that it was improperly included in the service area with High Plains Library District.

Taylor stated that Lochbuie was improperly relying on the latest versions of the law when they should have been using the laws established at the time of its inclusion into the High Plains Library District in the 1980s.

While that case is getting primed for appellate hearings, Taylor awarded attorneys fees of $53,692 to Hudson Library and $21,157 to the High Plains Library District. Lochbuie has appealed that ruling as well. In his order, Taylor states: “Lochbuie filed this case out of frustration that it could not persuade High Plains to shift tax dollars away from Hudson to build a library in Lochbuie, with the underlying strategy that a pending civil action might give Lochbuie a negotiating advantage.”

In his ruling, Taylor said he felt that Lochbuie’s lawsuit was “a misguided attempt to obtain a form of relief — a new library built within its boundary using tax dollars collected by a library district — that is not available through the judicial process. The flaw in Lochbuie’s legal theory should have been apparent to any reasonable, objective practitioner. The court can only conclude that the desire to force High Plains to renegotiate its position and to secure a library for Lochbuie without Lochbuie having to fund its construction and maintenance, blinded counsel’s better judgment.”

The Appellate Court documents are due Dec. 17.

Cases cited:

Town of Lochbuie, Colorado, a Colorado Statutory Town; v. Town of Hudson, a Colorado Home Rule Municipality; Hudson Library Board of Trustees, a Colorado Municipal Library Board of Trustees; and High Plains Library District Board of Trustees, a Colorado Library District Board of Trustees; first amended complaint, 24CV30664, March 15, 2024.

APPELLANT/PLAINTIFF: TOWN OF LOCHBUIE, COLORADO, a Colorado Statutory Town v. APPELLEES/DEFENDANTS: TOWN OF HUDSON, a Colorado Home Rule Municipality; HUDSON LIBRARY BOARD OF TRUSTEES, a Colorado Municipal Library Board of Trustees; HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES, a Colorado Library District Board of Trustees; notice of appeal, 24CA1417, filed Aug. 6, 2024.

APPELLANT/PLAINTIFF: TOWN OF LOCHBUIE, COLORADO, a Colorado Statutory Town; APPELLANT: SETER, VANDER WALL & MIELKE, P.C., a Colorado professional corporation v. APPELLEES/DEFENDANTS: HUDSON LIBRARY BOARD OF TRUSTEES, a Colorado Municipal Library Board of Trustees; HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES, a Colorado Library District Board of Trustees; notice of appeal, 24CA1814, filed Oct. 15, 2024.

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