RV Park Owner Wins First Court Case

February 10, 2009 by   - () Comments Off on RV Park Owner Wins First Court Case

Ninth Judicial District Court Judge Denise Lynch denied a preliminary injunction order in late January against Elk Creek RV LLC near New Castle, Colo.
The Garfield County Attorney’s Office sought the injunction to halt use of the property as a year-round campground and for other issues that the attorney’s office claimed violated county zoning codes, until the matter went to trial, according to the Glenwood Springs (Colo.) Post Independent.
A complaint filed in October 2008 indicated that the county charged the owners of the Elk Creek RV Parknorth of New Castle, with having dozens of trailers on the property that house permanent residents. That would be a violation of county zoning codes because the original use of the property was a seasonal campground.
Court documents show that county code enforcement officer Chris Chappelle investigated complaints in the spring and summer of 2008 from some of the park’s neighbors that the owner was expanding the park.
According to court records, Chappelle inspected the park with George Janes, the park’s owner at the time, and explained that he was not permitted to use the RV park as a year-round facility. The document also read that Chappelle instructed Janes to obtain a special use permit if he was going to expand the usage of the park. However, no special use permit was ever obtained by Janes.
Shortly after that inspection, Janes sold the property to Myles Richards, the park’s current owner.
Peter Thomas, with Thomas Law Firm P.C. in Aspen representing Elk Creek RV LLC and Richards, said in a statement, “We are pleased with this important interim ruling by the court.”
However, Thomas had no additional comment as the matter remains in litigation with a trial date set in July.
Richards requested in early January that the preliminary injunction hearing be postponed, but Richards’ request was denied at the time.


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