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Sound off: Plains 1988 service plan not a mandate

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Contributed by: Dr. Paul Motzkus on 3/25/2008

For more than four years, the Ken Caryl Ranch Metropolitan District (KCRMD) has been fighting with the Plains Metropolitan District (PMD) in an on-going lawsuit.

PMD had to sue KCRMD to stop the illegal attempt in January 2004 by KCRMD to force the inclusion (annexation) of PMD into the tax base for the KCRMD. Prior to voluntarily vacating the inclusion action, KCRMD filed a second suit alleging that PMD did not fulfill an item in the PMD's twenty-year-old (1988) service plan that suggested building a recreational facility including a swimming pool, ball fields and tennis courts.

A service plan is NOT a legal contract. It is a proposal to the governing jurisdiction - in this case, Jefferson County, for what the builders hope to create. Nowhere in the United States has a service plan been upheld as a contract with mandated outcomes.

KCRMD is trying to coerce the small business owners and residents of PMD to pay for unnecessary recreational facilities and then deed them to the Ken Caryl Master Association.

An independent Needs Assessment Study found that the current facilities located and operated throughout the Ken Caryl and Plains areas by Ken Caryl and other south JeffCo entities, including the Foothills Recreational District, are more than sufficient to meet the current and anticipated future needs of the community.

The lawsuit is expected to go before a judge in June. PMD's position is simple - an item in the twenty-year-old PMD 1988 service plan is not and never can be a mandate. Nothing in a service plan can occur unless it is needed and funded by a vote of the property owners of the PMD district.

KCRMD has wasted more than $500,000 of taxpayers' dollars on lawyers so far and will probably spend another $200,000 this year going to trial.

PMD has spent more than $300,000 to defend itself solely because KCRMD continues to pursue these absurd and confiscatory claims.

This frivolous lawsuit squanders taxpayers' money. And, building and maintaining unneeded recreational facilities would be a further waste of taxpayers' money.

Dr. Paul Motzkus
President of the Plains Metropolitan District

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