[Hpn] Mega-Shelter Law-suit
Wed, 03 Jan 2001 10:37:36 -0500 (EST)
The following was in today's daily paper.
Matt Parkhouse, RN
Colorado Springs, CO
City Attorney's Office defends city's homeless complex action
By Ed Sealover/The Gazette 01-13-01
A Colorado Springs assistant city attorney said Tuesday the City Council had
every right to designate a controversial homeless center as a public facility
to meet zoning ordinances.
Assistant City Attorney Steve Hook responded to a lawsuit filed in
mid-December by five residents of the Mill Street neighborhood to stop
construction of the Montgomery Community Center, a homeless shelter proposed
by the El Pomar Foundation and the Red Cross.
The city, the Red Cross and a consultant for the center were named as
The lawsuit called the council's decision to allow the structure in a public
facility zoning area "arbitrary and capricious" and said the council "abused
The plaintiffs argue the Montgomery Center is not a public facility.
But Hook said Tuesday the council had adequate information to make its
"We're saying . . . the council did not abuse its discretion," he said.
Judge Kirk Samelson is expected to issue an order in the next few days
requiring the city to turn over all records from the meeting at which the
council made its decision.
Then both sides will submit a series of briefs backing their cases. Samelson
will make a decision from these briefs rather than in a trial.
The judge could rule in as few as two months, Hook said.>>