Developer sues Montrose County over denial of gravel pit

GRAND JUNCTION, Colo. (KJCT) - Tucked away in the outskirts of Montrose County up on the Franklin Mesa, a gravel pit is still caught up in controversy.

On March 27, after months of public hearings, Montrose County Commissioners denied a special use permit for the expansion of the pit.

Now, developer Pleasant View Properties is suing Montrose County. The complaint states the denial is arbitrary and capricious.

The plaintiff suggests the county didn’t adhere to the standards in Montrose County’s Master Plan. In other words, the county acted unlawfully by failing to follow its codes, like defendants engaging in communications without proper notice to all parties and not on public record.

This type of communication is prohibited.

The documents point out that the commissioners’ decision isn’t supported by evidence in the record and misapplied the law. The developer is asking for the denial to be reversed and seeking attorney’s fees and costs.

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