Independence Lawsuit Summary Judgment Motion Filed!

Hi Everyone,

While the wheels of justice grind slowly, here’s the latest in our lawsuit against Independence to try to stop their attempt to take 75 acre feet (over 26 million gallons a year) of Upper Dawson Water offsite and to limit their use of the UD onsite.

While there is never a guarantee in a lawsuit, the West Elbert Water organization has joined with the Franktown Citizens Coalition II in filing this summary judgement motion, jointly, hopefully making us stronger together.   

Summary judgment is a judgment entered by a court for one party and against another party without the necessity for a full trial. This is what we are hoping for but be aware that there are limits to the granting of a summary judgment.  Basically, in a summary judgement motion the two parties are asking for a court order ruling that a cause of action can be decided upon certain facts without trial.  A summary judgment is based upon a motion by one side of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried.  

The motion and exhibits as filed are attached.  Independence has 21 days from yesterday to file a response brief, and then FCC II and West Elbert will have 14 days to file the final reply brief.  After that, we wait for the court’s decision on the motion.

As always, if you have any questions, please let me know..


Diana Love



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