Process to preserve Cozens Meadow in Fraser will continue until September

The dispute over private property rights, development and the protection of open spaces reached a climax in Grand County District Court this August.

The City of Fraser and Grand Park developer Clark Lipscomb appeared in court Aug. 5-15 to hear the lawsuit brought by the plaintiff, Grand Park and its developers. The two sides are locked in a legal battle over the preservation of Cozens Meadow in Fraser. Grand Park says an easement for the approximately 467-acre meadow is not required by law. The City disagrees.

Grand County District Court Judge Mary Hoak has not yet issued a ruling in this public proceeding. The trial will resume on September 20 and additional witnesses will be called.

In his opening argument on August 5, Fraser's attorney Kent Whitmer called Lipscomb a for-profit developer. Whitmer explained that Lipscomb's various reasons why the easement was not legally valid had “changed like the wind.”

The current litigation began in 2021 when Grand Park sued the city for delaying its development process. The city suspended rights such as building permits. According to the city, it took this action because the developer had violated the easement covenant.

Judge Hoak ruled that the city must regain its rights of use this year, but the easement issue remained in court, which resumed this August.

The developer's attorneys, Lawrence Katz and Scott Anderson, argued that the city missed numerous opportunities over nearly two decades to ensure that the developer complied with a 2003 agreement to place the meadow in a conservation easement. The attorneys questioned why those opportunities were missed if the easement was a mandatory requirement.

Grand Park changed its development plans in 2005which, in the plaintiff's opinion, does not contain a concrete plan for a nature conservation easement.

At trial, Katz argued that city staff might have been able to sue the developer if they had known he had to honor the easement, but no such suit was brought.

In addition, over the past two decades a number of Fraser residents have expressed their belief that the meadow is a protected Natural area, for the benefit of the environment and the people. This includes former mayor Peggy Smith, who is now a trustee.

In previous discussions with the city on July 24, Lipscomb said he had an idea of ​​what “amenities” would be on the lawn, but it would remain mostly open space – “mostly green.”

At the end of the trial, which is expected in late September, the judge will decide whether Grand Park is required to place Cozens Meadow under a conservation easement.

Sky-Hi News will continue to report on the ongoing litigation.