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Judge to make Polston decision today

Posted: Friday, Oct 25th, 2013

Courier staff writer

ALAMOSA — After a day of testimony, visiting Senior District Court Judge Scott B. Epstein will decide whether the Temporary Restraining Order (TRO) issued against Dan Russell and possibly the entire Polston property lawsuit is appropriate this morning at 10 a.m. in Alamosa County District Court.

On Thursday, the matter between plaintiffs Keep Polston Public (KPP) and the defendants, Russell and the Alamosa Board of Education (ABOE), was presented to the court in the form of a preliminary injunction hearing.

Epstein was hopeful to have made a ruling yesterday afternoon, but instead extended counsel’s window to submit additional authority and theory until 7 p.m. last night and his time to mull over the lawsuit’s many exhibits.

The KPP lawsuit challenges the ABOE’s May 9 decision to sell the Polston property — a 38-acre tract located on the Rio Grande at the intersection of Highways 17 and 160 — to Dan Russell for a below-market price after signing a non-binding, letter of intent with the Trust for Public Land (TPL), KPP’s partner and fiscal representative, to purchase the property for its appraised value of $750,000 in order to construct the Rio Grande Healthy Living Park.

The KPP also claims the ABOE “admitted that executive sessions were not properly convened,” violating Colorado Open Meeting Laws.

In addition, the plaintiffs allege the ABOE and the Alamosa School District (ASD) violated the Colorado Constitution because the sale was for $255,000 less than the property’s assessed value despite “the existence of a bona fide offer to purchase the property for its appraised value.”

For the complete article see the 10-25-2013 issue.

Click here to purchase an electronic version of the 10-25-2013 paper.

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