Pursuant to §32-1-809, Colorado Revised Statutes (SB 09-87):

Grimshaw & Harring is pleased to provide Statutory Notices of our Special District Clients needing this service.  Please click to view each notice:

All documents are in Adobe PDF format and may either be downloaded to your PC or read locally using any PDF browser plugin. Download a free current version of Adobe Reader here:

2012 Special District Notices:

• Alpensee Water District
• CASTLE ROCK FIRE PROTECTION DISTRICT
• Cherry Creek South Metropolitan District No. 2
• Cherry Creek South Metropolitan District No. 3
• COMANCHE CROSSING METROPOLITAN DISTRICT
• DENVER SUBURBAN WATER DISTRICT
• Homestead Metropolitan District
• LYONS RIDGE METROPOLITAN DISTRICT
• MERIDIAN VILLAGE METROPOLITAN DISTRICT NO. 2
• Paradise of Colorado Metropolitan District
• Sierra Ridge Metropolitan District No. 1
• Sierra Ridge Metropolitan District No. 2
• SOUTH DENVER METROPOLITAN DISTRICT
• South Weld Metropolitan District
• Valley Pointe Club Metropolitan District
• Waterfront at Foster Lake Metropolitan District No. 1
• Waterfront at Foster Lake Metropolitan District No. 2
• Waterfront at Foster Lake Metropolitan District No. 3
• Westcreek Metropolitan District No. 1
• Westcreek Metropolitan District No. 2

2011 Notices:

• Alpensee Water District
• Brooklyn Metropolitan District
• Cherry Creek South Metro District #2
• Cherry Creek South Metro District #3
• Comanche Crossing Metropolitan District
• Denver Suburban Water District
• Homestead Metropolitan District
• Lyons Ridge Metropolitan District
• Meadows Metropolitan District #1
• Meadows Metropolitan District #2
• Meadows Metropolitan District #3
• Meadows Metropolitan District #4
• Meadows Metropolitan District #4 Debt District
• Meadows Metropolitan District #5
• Meadows Metropolitan District #6
• Meadows Metropolitan District #7
• Meridian Village Metropolitan District No. 2
• Paradise of Colorado Metro District
• Sierra Ridge Metropolitan District No. 1
• Sierra Ridge Metropolitan District No. 2
• South Weld Metropolitan District
• Tadoka Metropolitan District
• Valley Club Pointe Metropolitan District
• Waterfront at Foster Lake Metropolitan District No. 1
• Waterfront at Foster Lake Metropolitan District No. 2
• Waterfront at Foster Lake Metropolitan District No. 3
• Westcreek Metropolitan District No. 1
• Westcreek Metropolitan District No. 2

2010 Notices:

• Appletree Metro District No. 1
• Appletree Metro District No. 2
• Cherry Creek South Metropolitan District No. 04
• Cherry Creek South Metropolitan District No. 05
• Cherry Creek South Metropolitan District No. 06
• Cherry Creek South Metropolitan District No. 07
• Cherry Creek South Metropolitan District No. 08
• Cherry Creek South Metropolitan District No. 09
• Cherry Creek South Metropolitan District No. 10
• Cherry Creek South Metropolitan District No. 11
• Deep Creek Water & Sanitation District
• Deer Meadows Metropolitan District
• Meridian Village Metropolitan District No. 3
• Meridian Village Metropolitan District No. 4
• Paradise of Colorado Metropolitan District
• Shorefox Metropolitan District No. 1
• Shorefox Metropolitan District No. 2
• Tower Center Metropolitan District
• Walsenburg Gateway Metropolitan District

Special District Articles:

• Significant November 2010 Ballot Measures (192)
• City of Littleton Wallis and Insurance for Multi-Year Liability Claims (324)
• Compass Ins Co v City of Littleton (471)
• Professors Manual and Other Publications (256)
• Reconstructing Ins Coverage for Environmental Damage Claims (593)
• Recovery of Non-Economic Damages in Delayed Diagnosis of Cancer Cases (307)

Click to learn more about our Special and Business Improvement Districts Practice

December 16, 2008
Paul J. Hanley assisted a pharmacy benefit management client with the acquisition of the assets of an Atlanta based pharmacy management business in a transaction valued at approximately $10 million. The transaction involved a bifurcated closing due to regulatory issues, as well as a post-closing purchase price adjustment and an extensive earnout involving over 87% of the purchase price, determined over two measurement periods, and payable in three installments.

November 25, 2008
Richard L. Harring and Grimshaw & Harring has been a long time supporter of the Colorado Judicial Institute, and for the sixth year in a row a group attended the Annual Judicial Excellence Awards Dinner held November 18, 2008.  Among the attendees were Jody Harper Alderman, Jamie N. Cotter, and Leslie E. Miller.     

The Colorado Judicial Institute was formed as a nonprofit in 1979 by a group of community leaders, most of whom were not attorneys. The goal is to promote excellence in the Colorado judicial system by building trust through education about the legal system.

Grimshaw & Harring congratulates the Judge Alfred C. Harrell, Judge Robert H. Russell, II and Judge M. Jon Kolomitz, and Magistrate Jane E. Westbrook, and also thanks Tony Eitzel from Denver Panoramic for the photograph below.

October 27, 2008
Paul Hanley was lead attorney in the representation of a developer of a natural gas project in western Colorado. The purchase price for a 30% interest in the project was over $12 million, and the complex purchase/workout transaction involved clearing title to over 125 oil and gas leases and utilizing sales proceeds to reach simultaneous settlements with ten lien claimants and over thirty other creditors. It also required the settlement and release of a bridge loan in an amount over $6.1 million.

October 13, 2008
Matthew R. Dalton authored an article regarding new requirements specific to some special districts providing utility services in the October/November issue of the SDA Newsletter.  The requirement is for certain entities to take action preventing and mitigating identity theft, and November 1, 2008 is the date by which a plan must be implemented. 

In 2003 Congress passed the Fair and Accurate Credit Transactions Act (“FACT Act”).  In late 2007, certain entities became required to establish and implement written Identity Theft Prevention Programs by the November 1, 2008 deadline.  The rule leaves much discretion, and the programs need only to be of “appropriate size and complexity” relative to the utility and the nature and scope of a District’s activities, but certain Special Districts who provide utility services are definitely affected. 

In this instance, the rule applies specifically to utility companies which are creditors – those which maintain “covered accounts,” or those that include the provision of water and sewer service for payment after the fact via an account established with the District.  Basically any account for which there is a “reasonably foreseeable risk to customers . . . from identity theft, including financial, operational, compliance, reputation, or litigation risks.” 

Adoption of a resolution can suffice, however there are certain important requirements regarding for example “Red Flags” that need to be included in a Dsitrict’s plan and the implementation thereof.  Review the entire article below, including a sample resolution, and contact Matt Dalton if you have any questions or would like Grimshaw & Harring to assist with drafting and advising as to implimentation of a fully compliant plan.

September 22, 2008
Wayne B. Schroeder was again included in the 2009 Edition of The Best Lawyers in America®, recognized in the specialty practice area of Eminent Domain and Condemnation.  Highly regarded among law firms, large corporations, media and the public, Best Lawyers’ unique nomination process renders it an unbiased resource.  Selection is based on an exhaustive and rigorous peer-review survey comprising more than 2.5 million confidential evaluations by top attorneys in the country.  No fee or purchase is required, ensuring Best Lawyers remains the most respected referral list of attorneys in practice.      

September 9, 2008
Wayne Schroeder was retained by Moreland Properties to file a section 1983 civil rights action against the City of Thornton for depriving Mr. Moreland of his procedural due process rights when Thornton took away the automobile dealership zoning on Mr. Moreland’s nine acre property at 144th Avenue and Interstate 25.  Chief Judge Nottingham ruled in favor of Mr. Moreland and, in a lengthy published opinion, found that Thornton’s failure to adequately apprise Mr. Moreland that an ordinance might deprive him of his protected property interest in the zoning classification of his land constituted a due process violation and established Thornton’s liability on Mr. Moreland’s section 1983 claim.  See Moreland Properties, LLC v. City of Thornton, 559 F.Supp.2d 1133 (D. Colo. 2008).

After the liability ruling, Thornton agreed to purchase Mr. Moreland’s nine acre property at 144th Avenue and Interstate 25 and pay additional damages to Mr. Moreland for a sum total settlement of $5.725M.

 August 18, 2008
Jamie N. Cotter joined the Grimshaw & Harring family in August as a new associate.  Ms. Cotter will focus her practice in the areas of civil, commercial and real estate litigation.  Jamie was born in Vermont, and moved to Colorado in 2002 to attend Colorado College and The Sturm College of Law at The University of Denver.

August 15, 2008
After many months of planning and hard work, the Grimshaw & Harring redux is complete!  We have taken over the entire 38th floor of the Wells Fargo Center, designed a new logo, and completely redesigned our website.   We hope this site is easy to navigate, and that you can easily reach the information you need quickly. 

Thank you for visiting.  We would love to hear your comments on the new design and remain committed to helping you with your legal issues, so please feel free to contact us, either with your feedback or just to say Hello.

August 4, 2008
This Wisconsin case settled on the eve of trial.  Involving starkly different approaches to valuing damages in a contract dispute, the judge stressed the importance of independent verification and objective data.

Plaintiff’s expert used raw data to prepare five different models of damages projections based on sales quotas, and in motions in limine the court allowed testimony on all five calculations, saying they would assist the jury in assessing damages.

Alternatively, the defendant’s expert prepared two sets of projections: one weighted and one unweighted. Both sets were derived from the plaintiff’s “alleged sales,” and the numbers were obtained from one document provided to the expert by Defendant’s counsel. Taking into account Plaintiff’s decreased sales performance, the defense expert’s original regression resulted in a “negative sloping trendline.” Because Plaintiff’s sales varied widely from month-to-month, the expert weighted the data to obtain a positive trendline for years five through 10 of the agreement.

The court focused not only on the source of the defendant’s expert’s data, but what he failed to do with it. Contrasted with Plaintiff’s expert’s independent valuation of raw data, the court said “the bottom line is that [the defense expert] never talked to anyone to verify the accuracy of the information in any of the documents he reviewed.” Finding the basis for his projections unreliable, the court excluded the projection testimony. The case settled on the eve of trial.

 June 19, 2008
Paul Hanley assisted a majority owner of an interest in a hotel/casino in selling to a minority owner in a sale and redemption transaction valued at $59 million. Consideration in the leveraged buyout transaction included approximately $55 million in cash, approximately $4 million in auction rate bonds, a lifetime employment agreement, and a lifetime lease of a suite in the hotel/casino.

June 13, 2008
Tom Grimshaw is one of seven lawyers in Colorado ranked as #1 Real Estate Individuals in Zoning and Land Use. In September 2007, 40 full-time researchers employed by UK based Chambers & Partners collected information and compiled a 2008 guide to the top law firms and lawyers in the United States. The resulting publication was reprinted in a June Law Week Colorado.

May 15, 2008
Wendy Harring and Paul Hanley assisted the developer of a mixed-use resort development in buying out two minority interest owners. The transaction involved redemption and sale of ownership interests in a corporation and three limited liability companies as well as the acquisition of several parcels of real estate forming a part of the development.

May 9, 2008
Richard Harring, Paul Hanley, Ron Fano, and Todd Seelman represented the firm at the 18th Annual Meeting of Meritas in Chicago, Illlinois. Meritas is one of the world’s largest and most respected legal resources – an integrated, non-profit alliance of more than 170 independent commercial law firms located in over 60 countries.

March 19, 2008
Intersol 2008, Paris France – William J. Brady
Bill Brady delivered a white paper and presentation on aspects of the 2007 European Union Environmental Directive and “Assurances Environnementaux” at Intersol 2008, Paris, France.  Le Comité Scientifique d’Intersol selected him to address the conference attendees, all of whom were from EU Member States.  The white paper, also published in “Environmental Regulation of Colorado Real Property,” Bradford Publishing, 2007, was also distributed to the conferees.   Held annually in Paris, Intersol is a prestigious international congress which this year focused upon the remediation of contaminated soils and groundwater, the transfer of associated risk and the conveyance of “brownfields” sites within the EU.  Bill addressed the various insurance coverages available for both retroactive and prospective liabilities.  In addition to Grimshaw & Harring, Bill appeared on behalf of the University of Denver Sturm College of Law and Meritas, our international affiliation of law firms of which Grimshaw and Harring was a founder.   For additional information, visit Intersol 2008.

March 7, 2008
Award Ceremony for Northwest Parkway Project
Russ Dykstra attended the ProjectFinance magazine North American project awards ceremony in New York, NY as part of the project team for the Northwest Parkway public private partnership (P3) concession.  The project received the 2007 Project Finance “North American Transport Deal of the Year” award at the ceremony.  Mr. Dykstra and Grimshaw & Harring, P.C. served as local counsel for the transaction in conjunction with national counsel, Chadbourne & Parke, LLP, representing the Northwest Parkway LLC. See 2007 Firm News for more project information.

The Northwest Parkway Project was also among six projects nominated for the International Financial Law Review (IFLR) America Award.  IFLR is a worldwide industry magazine that aims to reward innovation in the key practice areas in debt and equity capital markets, M&A, project finance, securitization and restructuring, and we are honored for the recognition.

January 1, 2008
After 30 years, Larry Berkowitz has stepped down from his City Attorney post to return to private practice.  Mr. Berkowitz has had a part-time presence at Grimshaw & Harring since 1995, and we welcome his knowledge and expertise full-time.  Larry will continue to specialize in the following areas:

•  Municipal and Governmental Law 
• Land Use / Zoning 
• Business / Finance 
• Finance / Bond Transactions 
• Liquor Licensing 
• Assisted Living Housing 

January 1, 2008
Todd R. Seelman and Russell W. Dykstra – Director/Shareholders
Effective the first of the year, Grimshaw & Harring, P.C. welcomes Mr. Seelman and Mr. Dykstra as its newest Director/Shareholders.  Mr. Seelman will continue his practice in the areas of complex civil litigation, especially involving antitrust and unfair trade practices, class actions, non-compete/solicitation agreements, trade secrets, fraud, negligence, partnership and shareholder disputes, employment, commercial contract disputes, and appeals. Mr. Dykstra will continue to represent public/private partnership projects, project finance, land use, transportation, special districts and real estate development.

Our community association attorneys are available to draft, review, and amend governing documents, address covenant enforcement issues and assessment collection (including foreclosures), provide general corporate advice, review insurance policies and available coverage, attend board meetings, and provide prompt responses to matters of utmost importance to our community association clients. We have advised our clients on various issues including transition from developer control, covenant enforcement litigation, employment disputes, contested elections, conducting annual and special meetings, disputes with vendors, and bankruptcy related matters. We also assist special district clients who are charged with design review and covenant enforcement powers.  We can also represent individuals who own property in common interest communities.

We coordinate our efforts with professional property managers and also work directly with self-managed properties. We maintain a membership in the national chapter of the Community Association Institute, as well as the Rocky Mountain Chapter. Our attorneys are assisted by paralegals with experience in community association law and operations.

For more information about our community association practice, please contact Lisa K. Mayers.

Real Estate Related Areas

• Acquisitions, Sales, and Leasing
• Community Associations
• Construction Law
• Development
• Eminent Domain
• Finance
• Land Use – Zoning
• Litigation

Attorneys serving our Community and Homeowners Association Practice

• Mayers, Lisa K.

This depth of industry experience uniquely qualifies our lawyers with the legal excellence and industry specific sensitivity necessary to form a productive and dynamic project team. Our methodology of problem solving client service is reflected by Grimshaw & Harring’s representation of many successful project finance transactions.

Attorneys serving Public/Private Partnership (P3)

• Russell W. Dykstra
• Wendy J. Harring
• Matthew R. Dalton
• Norman F. Kron
• James M. Hunsaker

Our firm’s attorneys have numerous years of experience in estate planning, preparing wills, trusts, living wills, powers of attorney, and other estate planning documents. Our estate planning group also utilizes the experience of our corporate attorneys in forming limited liability companies, limited liability limited partnerships, family partnerships, and other business entities for estate planning purposes. Estate planning involves many personal choices and we pride ourselves on the personal service we provide in helping our clients make those choices.

See also

Probate Litigation

We take pride in our pre-dispute analyses of legal issues that enable our clients to best plan a course of action and minimize the cost or risk of litigation. We represent clients in both state and federal courts. We also handle appeals at all levels of the appellate process, and we represent clients in all forms of alternative dispute resolution, including arbitration and mediation.Our experience in contract and contract-related litigation includes numerous lawsuits and claims arising out of purchase and sale agreements, service contracts, franchise agreements, merger and acquisition agreements, guaranty and surety agreements, financial instruments, loan agreements, lease agreements, real estate contracts, and other business-related contracts of almost every type in federal and state jurisdictions across the United States.

Our commercial litigators are also very experienced in all aspects of the construction industry, having represented private and public owners, architects, engineers, land surveyors, general contractors, and subcontractors in a variety of legal proceedings throughout the State of Colorado. Our attorneys have dealt with all types of construction related issues ranging from pay disputes, mechanics’ lien and surety issues to performance issues based on delays, interference, defective design, site conditions, bidding, and mistakes.

Our commercial litigation practice is a prime area for utilization of our membership in Meritas. This membership allows us easy access to highly qualified colleagues in jurisdictions throughout the United States and the world so as to assist our clients in commercial litigation matters that cross jurisdictional lines, including collection of judgments, service of court pleadings and other documents, enforcement of agreements, applying law of other jurisdictions where applicable, and in many instances even bringing lawsuits on commercial matters in other jurisdictions.

Related Business, Finance and Corporate Law Areas

• Capital Formation and Corporate Finance
• Commercial Lending and Leasing
• Commercial Transactions
• Corporate Counseling
• Corporate Structure and Organization
• Employment Law and Compensation
• Finance/Bond Transactions
• Intellectual Property Law
• International Law
• Mergers and Acquisitions
• Public/Private Partnership (P3)
• Taxation
• Transportation

Other Litigation and Appeals Related Areas

• Antitrust and Competition Law
• Appeals
• Business Litigation
• Class Actions
• Construction Litigation
• Eminent Domain
• Employment Litigation
• Insurance Litigation
• Land Use Litigation
• Real Estate Litigation

Our liquor licensing practice focuses on all of the needs of liquor permit holders in Colorado from application and renewal to sale or transfer. Our clients include restaurants, hotels, bars, nightclubs, golf courses, developers, and other retail establishments selling alcohol, beer, wine, or liquor.

Our attorneys take care to demonstrate that all of the requirements for the issuance of the license have been satisfied, and to whatever extent possible, address concerns. Specific areas of our liquor licensing practice include:

• Obtaining new liquor licenses
• Negotiating contracts on behalf of buyers and sellers of business establishments
• Preparing all documents related to a liquor license transfer
• Representing clients in liquor license hearings
• Appealing the denial of a liquor license transfer
• Appealing the denial of a liquor license renewal
• Appealing the denial of a liquor license issuance
• Alterations of licensed premises
• Zoning issues

Grimshaw & Harring lawyers also have the experience and expertise to advise liquor licensees concerning other legal issues directly related to their daily business.

Attorneys practicing in the areas of Liquor Licensing:

• Larry W. Berkowitz

Other Land Use – Zoning Related Areas:

• Assisted Living Housing
• Liquor Licensing

Contact Information

Mr. Dykstra represents governmental and private sector clients in the areas of project finance, public/private infrastructure projects, land use, transportation, special districts and real estate development. His practice includes project financing, construction contracting, design build contracts, governmental contracting, operational aspects of special districts and infrastructure operations, elections, statutory compliance, budgeting and finance matters, including TABOR compliance. Mr. Dykstra has participated in a large number of financing projects and the formation of many special districts in Colorado. Mr. Dykstra has acted as lead local counsel on the only large transportation public private partnership to date in Colorado and has extensive experience negotiating and drafting concession leases, financing and appurtenant documents pertaining to infrastructure projects in the state involving international corporations and financiers. Russ was born in Sioux Center, Iowa on October 10, 1968.

Practice Areas

• Public/Private Partnership (P3)
• Transportation
• Special Districts and Business Improvement Districts
• RTD Condemnation/Eminent Domain Group
• Municipal and Governmental Law

Education

• University of South Dakota, Bachelor of Science with Honors, 1996
• University of Denver, JD, 1999, Judge Clifford Darrow Scholar

Memberships and Community Service

• Colorado and Denver Bar Associations
• Colorado Homebuilders Association
• Douglas County 4-H youth leader
• Arapahoe County Board of Adjustment, chair 2000-present
• Board of Trustees of Denver Christian Schools

We are committed to helping new businesses grow and prosper. Our business lawyers have the depth of legal knowledge to provide specific advice for each client’s business. Many of our client relationships date back for decades, demonstrating the lasting partnerships that we develop with the companies we serve.

Better solutions for better business.

Related Business, Finance and Corporate Law Areas

• Business Litigation
• Capital Formation and Corporate Finance
• Commercial Lending and Leasing
• Commercial Transactions
• Corporate Counseling
• Corporate Structure and Organization
• Employment Law and Compensation
• Finance/Bond Transactions
• Intellectual Property Law
• International Law
• Mergers and Acquisitions
• Public/Private Partnership (P3)
• Taxation
• Transportation

• Drafting and review of commercial forms including purchase orders, sales acknowledgments, requests for quotation, quotations, warranties, and other contract documents
• Product distribution agreements, including agreements regarding manufacturers, wholesale distributors, retailers, and sales representatives
• Secured transactions and issues relating to perfection and priority of security interests, including purchase money security interests
• Transfers of investment securities
• Sales of products, machinery, equipment, and other commercial and industrial goods, including requirements and output contracts
• Equipment leasing and financing
• UCC transactions involving warehouse receipts and bills of lading
• Letters of credit
• Licensing agreements

We are committed to long-term client relationships. Our success in helping companies grow and prosper is due both to the depth of legal knowledge our business lawyers provide and to our close understanding of each client’s business. Many of our client relationships date back for decades, demonstrating the lasting partnerships that we develop with the companies we serve.

Better solutions for better business.

For more information about our commercial transactions practice, please contact Paul J. Hanley, Larry W. Berkowitz or James M. Hunsaker.

Related Business, Finance and Corporate Law Areas

• Capital Formation and Corporate Finance
• Commercial Lending and Leasing
• Commercial Transactions
• Corporate Counseling
• Corporate Structure and Organization
• Employment Law and Compensation
• Finance/Bond Transactions
• Intellectual Property Law
• International Law
• Mergers and Acquisitions
• Public/Private Partnership (P3)
• Taxation
• Transportation