Mission Viejo Library Archive of Events:
Mission Viejo HOA Preliminary Injunction Results
What were the Results of the Hearing (Trial) on December 22nd?
What does it Mean?
First of all, the Mission Viejo HOA had requested that we get a
declaratory relief hearing which would have been final. Instead the Judge ruled
at the beginning that the hearing was just going to be a preliminary injunction
hearing. So that was a bit of a disappointment.
In the end the Court agreed that the HOA would likely prevail
based on a breach of contract. The Judge also agreed that there was likely
immediate harm and immediate injury suffered to the community by this breach.
Ultimately however the Court chose to interpret that it did not have authority
to enforce the City to perform its contractual obligations over the actions of a
legislative branch of government. So our in-juncture (or temporary stop gap
measure) to keep the library open pending full trial was denied based on this
interpretation of judicial powers.
So, the Library will close after Dec 31st?
Unfortunately because of the judge's ruling at this time the HOA
can not stop the City from carrying out its plans to close the facility after
Dec 31, 2009.
What happens next?
The full declaratory relief trial was originally scheduled for
March 10, 2010. The full membership voted in favor of pursuing legal action
against the City at our annual meeting.
Mission
Viejo HOA Files an Appeal to Reconsider Injunction
The Mission Viejo HOA filed an appeal with the Arapahoe County
Court for reconsideration of the Judge's decision not to grant an injunction. The HOA believes the Court's decision should rely not only on the merits of the
breach on contract (which we have a difference of opinion on regarding the
Court's reasoning that it did not have the ability to force performance on a
contract from a legislative body) but to take into full consideration the City's
violation of the State's Library Law which directs that a library may only be
abolished with a vote by the people. The HOA does not believe the defeat of
Aurora ballot question 4A constitutes compliance with this Act.
Postponed
Court Date
We will keep you informed on this issue as it develops. The
Scheduled Court Date of March 10, 2010 has been postponed to allow more time for
discovery and exploration of settlement terms. The HOA will keep residents
updated as to the newly scheduled court date.
 Mediation Set
The City and the HOA have agreed to hold a mediation session
October 4, 2010.
Thank You for Your Support
Press coverage:
Preliminary Injunction Hearing:
Denver Post:
http://www.denverpost.com/news/frontpage/ci_14053103
Aurora Sentinel:
http://www.aurorasentinel.com/articles/2009/12/23/news/doc4b317fdf0c1a2825069662.txt
Lawsuit Filing:
Denver Post
http://www.denverpost.com/news/ci_13991222
Council Vote December 7, 2009:
Denver Post
http://www.denverpost.com/news/ci_13949116
Aurora Sentinel:
http://www.aurorasentinel.com/articles/2009/12/08/news/doc4b1ddd41c138b797094608.txt
Initial Press:
Here is Channel 4's news coverage on our library closure:
http://www.cbs4denver.com/video/?id=64783@kcnc.dayport.com
Aurora Sentinel:
http://www.aurorasentinel.com/articles/2009/11/25/news/doc4b0c7b4d4d089455490374.txt
Denver Post:
Front page in Denver and the West:
http://www.denverpost.com/ci_13862138
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