Ross Dress For Less\u2019 lawsuit against the city challenging its implementation of an Urban Renewal Authority at the Glenwood Springs Mall has been dismissed.<\/p>\n
In the ruling, 9th Judicial District Court Judge Denise Lynch \u201cdismissed the amended complaint in its entirety with prejudice,\u201d according to a recent city statement.<\/p>\n
A statement prepared by real estate communications group ReComm Global on Ross\u2019 behalf stated that Ross strongly disagreed with the court\u2019s decision.<\/p>\n
\u201cThe city passed two resolutions declaring the Glenwood Springs Mall blighted and forming a taxpayer-funded Urban Renewal Authority to help the mall owner, Frank Woods, get out of his contractual obligations to Ross that have been in place since 2012,\u201d the statement read. \u201cRoss maintains that the city\u2019s use of governmental power and taxpayer money to enable the mall owner\u2019s attempt to breach its contract \u2026 with Ross is abusive, unfair and contrary to Colorado law.\u201d<\/p>\n
The statement also alleged \u201cRoss was never given notice of nor an opportunity to be heard at the hearings before the City Council on the resolutions despite Colorado law requiring such notice.\u201d<\/p>\n
At the Dec. 6 City Council meeting, councilors in consecutive 6-0 votes approved two Urban Renewal Authority Resolutions. The first found that one or more blighted areas existed in the city and the need for the redevelopment and rehabilitation of those areas in accordance with Colorado Urban Renewal Law. The second approved the West Glenwood Springs Urban Renewal Authority Plan.<\/p>\n
That plan, prepared by Denver based real estate advisory firm Ricker Cunningham for City Council found that the primary mall building was \u201capproximately 90% vacant, compared to the citywide commercial vacancy rate of 3%.\u201d<\/p>\n
Additionally, the report concluded that the lease agreement between the mall and its anchor tenant Ross Dress For Less extended \u201cextraordinary control\u201d to Ross, which made \u201cit all but impossible\u201d for Woods to freely manage the mall properties.<\/p>\n
\u201cThe city is pleased with the court\u2019s decision as it paves the way for the city, the URA, the mall owner and tenants to work together on revitalizing not only the West Glenwood Mall but the whole neighborhood,\u201d City Manager Debra Figueroa stated following the ruling.<\/p>\n
ReComm Global however asserted, \u201cRoss will appeal the District Court\u2019s decision and is currently assessing additional legal options to address Glenwood Springs\u2019 governmental interference with its private contractual and property rights.\u201d<\/p>\n