Decision May Be Close In Cimarron Hills Fire District Lawsuit

A decision in the lawsuit against the Cimarron Hills Fire District could come sooner than expected. TARGET 13 has learned that the attorney representing taxpayers in the suit has filed a motion for a partial summary judgment. It means in less than a month, taxpayers could learn whether the fire district would have to repay them $2 million.

“We believe it’s crystal clear the fire district violated the Taxpayer’s Bill of Rights,” said Denver attorney Rick Shearer, who said the motion could limit the time and expense of the trial.

In January 2010, TARGET 13 first reported that board members of the Cimarron Hills Fire District might have illegally raised the district’s mill levy in 2004. The current mill rate is at 11.11, when some claim it should be at 7.598.

If Shearer’s motion is granted, he said the only thing left to decide at the October trial is how taxpayers would be refunded. Shearer said it would likely happen in the form of a tax credit over several years. He said it’s not yet clear how much money individuals would stand to get. Under TABOR, the money would be returned with 10 percent interest.

Cimarron Hills Fire Chief Matthew Love said if the lawsuit is successful, the district’s budget would be reduced by almost 50 percent. He said safety will take a big hit.

“We’re speculating right now, it could be at least six firefighters that could be laid off and that’s on the full-time side,” said Love.

At a public meeting last month, some citizens expressed their concerns, saying it was only a small percentage of the community who wanted to pursue the suit.

Shearer declined to comment to TARGET 13 at the meeting, but recently provided a written response and interview.

“We understand the concern and it’s a valid concern, but we believe the emergency services will not be decreased if (the fire district) acts responsibly,” said Shearer.

Shearer said he believes the district has an administration building and fire vehicles it doesn’t need, and that there are ways to reign in spending.

“I don’t agree that you can just assume less money means less service if there’s a lot of waste now,” he said.

TARGET 13 will be tracking the judge’s decision on Shearer’s motion.

To read Shearer’s response to the fire district’s meeting click here: Open Letter To Cimarron Hills Residents.