COLORADO SPRINGS — The feud between neighbors in the Mountain Shadows community of Colorado Springs, the city, and Colorado Springs Utilities over the Wilson Water Tank is complete, at least on paper. A district court judge dismissed the neighbors' lawsuit this afternoon.
The lawsuit claimed that council members had a conflict of interest in deciding to allow the water tank to stand despite Utilities' flawed permitting and miscommunication. The city council also serves as the board of Colorado Springs Utilities.
As News 5 has previously reported, the tank was built 15 feet taller than its permit allowed last summer. Despite a lengthy design, permit and approval process with the city, the height discrepency was exposed by a neighbor, Lawrence Starr.
In October 2023, the city's Planning Commission voted to shut the project down citing the flawed permitting process. But a month later, city council members overturned that decision on appeal, effectively allowing for the completion of the water tank's construction.
The owners of the Flying W Ranch, and Starr, who lives next to the large tank teamed up to fight that decision.
However, in reviewing their suit, 4th District Court Judge Amanda Philipps found that since the city's charter and city code allows for councilmembers to rule on quasi-judicial issues while serving as Utilities' board members, that there is no conflict of interest. She dismissed the case.
"The mere existence of the dual mandates that Councilors act in the best interest of the city and their constituents while also acting as fiduciaries and members of the board for CSU does not affirmatively prove a conflict of interest, much less a conflict of interest so severe that it deprived Plaintiffs of due process," Philipps wrote in her decision.
Lawrence Starr, who has previously told News 5 he's spent upwards of $30,000 in legal fees to fight this and expressed his disappointment. Leigh Ann Wolfe, who owns the Flying W, told News 5 she is not prepared to comment now.
News 5 has reached out to Colorado Springs Utilities and a spokeswoman responded that they decline to comment at this time.
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