A U.S. District Court judge has denied Future Legends LLC鈥檚 request for a temporary restraining order against the Town of Windsor over the pending expiration of temporary certificates of occupancy, but the owner of the troubled sports complex on Friday appealed the town鈥檚 decision to let the permits expire Sunday night.
Through seven Future Legends entities, managing partner Jeff Katofsky had sued Windsor on April 11 in U.S. District Court in Denver, alleging that the town discriminated against him by refusing to extend the complex鈥檚 temporary occupancy permits that allow it to remain open. He asked the court to impose a temporary restraining order against Windsor, as well as preliminary and permanent injunctions, to 鈥減reserve the status quo pending a trial on the merits in this case.鈥�
The filing occurred on the same day that a Nevada bankruptcy court judge dismissed the bankruptcy of Future Legends 5 LLC, one of the ownership entities.
U.S. District Court judge Regina M. Rodriguez, during a hearing on Tuesday, denied Katofsky鈥檚 request for a temporary restraining order and refused to order the town to extend the certificates of occupancy. Her order was issued Thursday.
In his Friday appeal to the town鈥檚 Board of Adjustment, Katofsky 鈥� through his attorney, Patrick Casey of Denver-based Fox Rothschild LLP 鈥� said 鈥淔uture Legends appeals Windsor鈥檚 decision not to renew the temporary occupancy certificates, as well as its ruling that the properties are unsafe and its requirements for updated electrical plans.鈥�
His appeal asked the board to lift the Sunday night expiration of the occupancy permits, until an appeal can be heard by the board.
鈥淲e believe the Town of Windsor is trying to close it down,鈥� Katofsky said by telephone to BizWest on Friday, 鈥渁nd we鈥檙e simply not going to allow it to happen.鈥�
Charging that the town had misinterpreted its own code, Katofsky鈥檚 appeal stated that if the properties covered by the occupancy permit are 鈥渢ruly 鈥渄eemed unsafe鈥� as set forth in the posting, the true intent of the town code 鈥渨ould have required Windsor to 鈥榗ause a report to be filed on [the alleged] unsafe condition.鈥� That report required a written notice and together with a report that describes the conditions deemed unsafe and specifies the required repairs.
鈥淔urthermore, the notice and the report were required to be sent to Future Legends by certified or registered mail at the last known address with return receipt requested. Windsor completely failed to comply 鈥︹��
Reached late Friday, Windsor town attorney Dan Money said, 鈥淲e believe his appeal is flawed. The court has made its ruling, and the TCOs will expire at 11:59 p.m. Sunday per the court鈥檚 order.鈥�
The vision for Future Legends, a 186-acre sports and events facility under construction, includes stadiums, a sports dome, hotels, a dormitory and retail as a destination to host sporting events for youth and professional sports in Northern Colorado.
According to Rodriguez鈥檚 Thursday ruling, 鈥渙nly approximately 10% of the facility is open for use. 鈥� Construction on the project ceased due to the lack of funding, leaving the facilities open to the public for use, incomplete or in disrepair. The future of the project is now subject to litigation in multiple jurisdictions.
鈥淭he Town of Windsor has had enough and wants to let the TCO that allows Future Legends to occupy and conduct operations in three nearly complete facilities expire.鈥�
While requesting that the occupancy permits not expire Sunday night, Casey wrote in the appeal that 鈥淔uture Legends looks forward to presenting further testimony and evidence at the next Board of Adjustment meeting,鈥� scheduled for 7 p.m. May 22.
