Citizens/Montevue wins again: Judge denies “Motion to Intervene” by Aurora Holdings

On Friday, December 12, 2014, Circuit Court Judge Teresa Adams denied a motion, (by Aurora Holdings, VII, LLC) to “intervene” in the case of Trunk et.al. (Save Montevue) v. Board of County Commissioners (defendant). Judge Adams’ denial means that attorneys for the leveraged buyout firm may not participate in any future actions coming before the Court.

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Aurora filed the “motion to intervene” on November 12, 2014—just two months ahead of the case’s scheduled trial date of January 20th, 2015. Aurora claimed the filing was motivated by Save Montevue’s appeal (filed on May 15, 2014) of the BoCC’s three-part “sales-lease agreement,” (dated May 1). If that had been “the reason for Aurora’s motion,” Adams noted, “then they would not have waited six months to file.

The real catalyst, as Aurora candidly admits in its motion, was the election of Jan Gardner as County Executive…”

In a stunning rebuke of Aurora’s belated filing, Adams wrote: “Aurora made the strategic decision to allow the taxpayers to bear the cost burden of litigation. The decision to wait until after the election to move to intervene is similar to the decision of the intervenors in “Alt” waiting until after the motion to dismiss was denied; and it garners the same amount of sympathy from the court.

Aurora allowed the taxpayers of Frederick County to protect its interests and only now, two months before trial, believe the free ride will not be sufficient.”

You can download the text ofJudge Adams’ ruling (as a 252kb pdf file): Adams Ruling Aurora Request to Intervene


ALSO…

Stop the Sale of Montevue/Citizens on Facebook

Stop the Subdivision! Zoning Board of Appeals event page on Facebook

WHAT: City of Frederick Zoning Board of Appeals Public Hearing
WHEN: Tuesday, December 16, 2014 at 7:00 PM
WHERE: Municipal Annex, 140 W. Patrick Street, Frederick

Dear Friends,

Tuesday night (December 16) offers one of our best chances to Stop the Subdivision and Stop the Sale of Montevue/Citizens! We now have a new government with a new agenda and a County Executive, Jan Gardner, who is on our side.

However, we have to clean up the mess left by the old government. This will happen–with your support–on Tuesday night.

We thank you all so much for standing with us through this long battle! We hope you will join with us, again, on Tuesday night. Let’s show Jan Gardner and our new county council that we still care, we’re prepared to fight to the end, and that we’re prepared to win!

This is what we’re fighting for:

In April, 2013, the Frederick City Planning Commission (FCPC) approved the BoCC’s FIRST APPLICATION to subdivide the Montevue Campus for sale. Last November, however, the Zoning Board of Appeals (ZBA) overturned that decision.

In May of this year, the FCPC approved the now-defunct BoCC’s SECOND (identical) application.

On December 16, 2014, we appeal this second decision, as we did a year ago. A second victory for us will go a long way toward boosting our case before the Frederick County Circuit Court in January.

We overturned the FCPC’s decision a year ago!

See front page headline below or read the article here:

Frederick News Post article
City reverses subdivision of Citizens-Montevue land
Some now hope county will reconsider sale

Wednesday, November 27, 2013

Let’s make this happen again!

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