COLORADO SPRINGS, Colo. (KOAA) — Developer DBG Properties has filed a lawsuit against Pine Creek homeowners, their group Preserve Pine Creek, LLC, and the homeowner's association after their legal attempts to block a major housing development were dismissed.
"I have never seen a neighborhood push and continue to fight needed development from happening," said Jill Gaebler, Executive Director of Pikes Peak Housing.
Gaebler believes this case may lay groundwork for future development in Colorado Springs.
"The planning commission approved the project. City Council supported and approved the project. Every lawsuit they filed has been denied," said Gaebler.
Her concern is that possible future opposition from homeowners would prevent others from developing in Colorado Springs.
The lawsuit accuses the group Preserve Pine Creek, individual homeowners, Pine Creek homeowners and the homeowner's association of "tortious interference," using the legal system to delay Royal Pines Apartments from being built, which the developer claims caused a financial burden.
All past lawsuits filed by Preserve Pine Creek against the development have been thrown out. The developer declined to comment due to ongoing litigation.
"This affects our schools, this affects our children, this affects our day-to-day activities. That's why we are so passionate about it. That's why we have not given up the fight," said Tim Lewin, one of the homeowners.
Lewin explained they intend to pursue action through the ballot rather than the courts as their next step.
"Part of that is to push forward a recall of Mr. Bailey, our district council member," said Lewin.
Councilman Bailey responded to recall efforts, saying: "The substantive decisions regarding the Royal Pines project were all made before I was elected. While certainly legal, forcing the city to spend money on a recall when it is already facing a challenging fiscal environment seems irresponsible."
Councilman Bailey took a similar stance to Gaebler on the opposition to the project, adding: "Colorado Springs' reputation as a business-friendly city is at risk."
Lewin says what's most important to him and his neighbors is being heard.
"The community members in that district have to be served by the elected representatives we send to city council," said Lewin.
If a recall is initiated on Councilman Bailey, the soonest that process could begin is October 15.
To view the city's affordable housing roadmap, visit the City of Colorado Springs website.
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