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KPP files injunction motion on Russell

Posted: Tuesday, Aug 6th, 2013

Courier staff writer

ALAMOSA — Keep Polston Public (KPP) plaintiffs filed a motion asking the District Court to issue an order restraining defendant Dan Russell from flipping the contested property.

The motion, submitted last Friday, Aug, 2., will prevent Russell “from selling all or part of the Polston property or its associated water rights, and restraining and enjoining Defendant Daniel M. Russell from making any changes or alterations to the Polston property, including but not limited to earth movement, soil compaction, and the application of pesticides or herbicides on the potentially arable, agriculturally productive lands, until such time as the Court has resolved Plaintiffs’ claims following a trial on the merits, and for such other and further relief as the Court deems proper...”

KPP believes should Russell move forward with his RV park construction plans, the Healthy Living Park’s integrity would be in jeopardy.

“The very attributes that make the Polston property worth more as a Healthy Living Park would be spoiled by Mr. Russell’s development plans,” the August 2 injunction stated. “...Mr. Russell intends to construct a parking area and highway access in such a manner that it would destroy and/or render unusable a significant portion of the Polston property that is suitable for agricultural use and a Healthy

Living Park.”

It continued “... If Mr. Russell is not enjoined from spraying chemical pesticides and herbicides, the Polston property’s suitability for organic agriculture may be compromised. Compared to these irreparable harms, any harm that Mr. Russell may claim to suffer as a result of a short delay in the commencement of his development project is insignificant.”

Last month, the KKP plaintiffs filed a lawsuit challenging the Alamosa Board of Education (ABOE) decision to sell the Polston property to Russell for below the appraised price.

KPP has not yet received a response from the defendants, according to the August 2 injunction.

In response to the KPP’s campaign to invalidate the sale to Russell, local business owner Ruthie Brown said a group has come together in support of Russell. Last Tuesday, about 45 people gathered at the Bistro Rilato to show Russell and his wife, Carol, they believe in their idea to boost the economy and tourism.

The group also has a letter of support anyone can sign, she said, and is available to do so at several downtown businesses, including Brown’s Green Spot.

“People said we are fed up with this,” Brown said in an interview on Tuesday. “We are tired of people saying bad things.”

She added, “I’ve watched the passion they have put into all this... We believe Alamosa needs this.”

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