Controversial subdivision in Colorado Springs wins court decision

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Archer Park subdivision can now be developed following a court ruling in the developer's favor. - FILE PHOTO
  • File photo
  • Archer Park subdivision can now be developed following a court ruling in the developer's favor.
This blog has been updated to reflect Dr. James Albert's position on the development itself.

After more than a year of haggling over a subdivision in the Broadmoor area, the developer has gained a District Court win that will enable the project to move forward.

At issue is a plan to build seven high-end homes on 4.7 acres on land now occupied by horse corrals and pasture. Called Archer Park, the subdivision spurred opposition from neighbors, who alleged the development's inadequate drainage provisions would cause flooding in their neighborhood during heavy rains.

The city approved the drainage plan in January, over objections from neighbors.

The matter went to court on two fronts. In one case, Delesk sued neighbor Dr. James Albert, alleging he interfered with Delesk's effort to obtain financing for the project. That case was decided in Albert's favor in February, with Judge David Shakes awarding $49,200 in damages to Albert from the Newport Company and developer Richard Delesk.



In the other, Albert and his wife, Bette Ann, challenged City Council's authority to approve the development absent an approved drainage plan. Judge Thomas Kane ruled in favor of the city and the developer on July 26.

"It's been a long battle and we're very happy with this outcome," Delesk tells the Independent via email. "Now that we're finally able to move forward we'll file and record the final drawings and begin pre-sales. All very exciting."

But Albert, who says he doesn't oppose the development itself, isn't excited about the prospect of the land next door to him being converted into homes says in an email, "All I can say at this point is that we are disappointed and completely disagree with the ruling. We are seriously considering appealing the decision."

Here's the July 26 decision:
See related PDF Albert_City_Appeal_ORDER_.pdf

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