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Dakota Pacific to appeal ruling on Kimball Junction development law

Dakota Pacific attorneys Rirchard Burbidge and Carolyn LeDuc look over documents during the June 15 hearing in which Third District Court sided with Summit County.
David Jackson
/
Park Record
Dakota Pacific attorneys Richard Burbidge and Carolyn LeDuc look over documents during the June 15 hearing in which Third District Court sided with Summit County.

The developer will appeal a judge’s ruling that it can’t build its mixed-use development in Kimball Junction.

Dakota Pacific Real Estate released a statement Thursday saying it will appeal last week's Third District Court’s ruling.

Judge Richard Mrazik ruled the developer does not have the rights to build a mixed-use development on land zoned for a tech park in Kimball Junction.

Earlier this year, state legislators passed Senate Bill 84 to give Dakota Pacific those rights, but Summit County said that was spot-zoning.

The county filed a lawsuit, and on June 15, Mrazik said S.B. 84 doesn’t actually apply to Kimball Junction. Essentially, if state legislators wanted to give Dakota Pacific building rights, they incorrectly worded the law.

The developer wants that ruling overturned and will file an appeal as soon as the court allows it. If Dakota Pacific is not successful, Summit County wins.

Summit County Attorney Margaret Olson told KPCW the court was correct when it ruled S.B. 84 didn’t apply.

One of the county’s claims will need to be addressed whether S.B. 84 applies or not: the county accuses Dakota Pacific of not dealing fairly or in good faith, and it wants damages.

Updated: June 22, 2023 at 5:31 PM MDT
The June 15 hearing was specific to the applicability of Senate Bill 84 to the Dakota Pacific property.  Both parties agree that the legislature intended for SB84 to apply to the Dakota Pacific property, as the State has great interest in putting more housing around transit hubs.   And the Court agreed that the Kimball Junction Transit Center is indeed a public transit hub, thereby obligating SC to the requirements of HB462. Dakota Pacific will appeal the Court’s ruling regarding the qualification of its land use application on grounds that its pending application constituted both a request for legislative action and an administrative land use application, as articulated in prior case law.

We’re looking forward to focusing on the broader issues associated with this case.  First, it is undisputed in the parties’ summary judgement filings that the County abandoned the idea of a tech center concept in 2019 –  demonstrating that the County understood the value of a mixed use development at that location.  Second, the County worked with Dakota Pacific for more than four years to conceptualize a new plan for the property.  And third,  Summit County wanted to participate in the economic perks of the HTRZ Act which included prioritization for transportation improvements at the I-80/224 interchange. Our case will continue to focus on these important aspects.

Dakota Pacific Real Estate
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