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Polston in limbo without judge

Posted: Tuesday, Sep 10th, 2013

Courier staff writer

ALAMOSA — Without a judge to hear the Polston property case, motions, filings and complaints are piling up.

Available Alamosa County District Court Judges Pattie Swift, Martin Gonzales and Michael Gonzales have each recused themselves from the case, and the involved parties are waiting for the Colorado Supreme Court to appoint an appropriate justice.

Ninth Judicial District Judge Thomas Ossola was set to hear the matter surrounding the Alamosa Board of Education (ABOE) sale of the former Polston Elementary property to Dan Russell who intends to transform the plot into an RV park on August 20, but did not due to Russell’s August 14 request for extended time to prepare for the courtroom.

In July, the KPP plaintiffs filed a lawsuit challenging the ABOE’s decision to sell the Polston property to Russell for $255,000 below the appraised price and for allegedly conducting business illegally behind closed doors.

The group filed an injunction in early August preventing Russell from selling or developing the land before the lawsuit is heard in court. Ossola granted the injunction shortly after, and Russell responded, denying the claims against him.

Last Friday, the KPP plaintiffs responded to Russell’s response to the preliminary injunction. The group maintains they have a right to the property, although the plaintiffs possibly will not endure physical or economic harm.

For the complete article see the 09-10-2013 issue.

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