Boulder County District Court Judge Michael Kotlarczyk has denied the City of Boulder’s request to force a group of residents to pay tens of thousands of dollars in attorneys’ fees after they sued the city over the financing of the CU South flood mitigation project, according to court records. At the time of publication, the court had issued only a brief minute order denying the request, without explanation of the judge’s reasoning.
The lawsuit, brought by Save South Boulder, challenges the city’s ability to finance the project and has prevented the city from issuing bonds to pay for construction. Although the judge previously dismissed the case, it is now under appeal.
The suit alleges that Boulder’s stormwater utility fees require voter approval under the Taxpayer Bill of Rights and contests the Boulder City Council’s approval of an ordinance authorizing the city to issue $66 million in bonds to help fund the project. The flood mitigation project includes the construction of a concrete spillway along U.S. 36 and the creation of a detention pond, which are intended to reduce the risk of flooding for about 2,300 people who live within the 100-year South Boulder Creek floodplain. The city had intended to break ground in 2025.
The city had asked the judge to sanction the plaintiffs by ordering them to pay $46,000 in attorneys’ fees. City attorneys have argued that the lawsuit was baseless and filed to delay construction of the long-planned project. One of the plaintiffs described the move as an attempt to intimidate them.
The city is also asking the Court of Appeals to award attorneys’ fees in connection with the appeal.