A Boulder County district judge last month threw out a lawsuit filed by a citizen group hoping to block the development of a Costco superstore in Longmont.
The lawsuit — filed by Residents and Workers for a Safe Longmont against the city of Longmont — claims the city approved the Costco development even though it failed to meet city code, the city’s comprehensive plan and zoning codes, according to BizWest online magazine.
District Judge Bruce Langer dismissed the case June 17, agreeing that the citizen group raised valid issues for consideration by a government body. But whether a development is in the best interests of a community is a political issue, not a legal one, states BizWest .
Langer also agreed with the city of Longmont that the plaintiffs lacked standing to sue, according to BizWest.
Neither the city nor the plaintiff’s lawyer returned a request for a comment.
After Langer dismissed the case, the citizen group filed a motion for reconsideration a few days later. That motion has yet to be heard.
The city is working in collaboration with Golden Farm LLLP and Aggregate Industries — WCR Inc., to bring Costco Wholesale Corp. to Longmont. The Costco would be built on land at least partially owned by the Golden aggregate companies located east of the Harvest Junction retail development and near the intersection of Ken Pratt Boulevard and South Martin Street.
The lawsuit asks a district judge to declare that the city acted arbitrarily and abused its discretion in conditionally approving the site plan for Costco. The suit also asks the judge to declare the city’s decision “unlawful, null and void …” according to the filing.
On Feb. 14, 2022, the city’s Planning and Development Services Department issued a conditional approval of the Costco site plan.
The approval was based on a finding that the activities set in the Costco site plan were permitted uses under Longmont’s municipal code and other land use amendments, the lawsuit states.
However, the site plan violates code requirements to minimize the visual impact of parked cars and trucks through the use of plantings, earth berms or screenwalls, the lawsuit states.
The city in its response to the lawsuit said that the plaintiffs lacked standing.
The motion for reconsideration filed by Residents and Workers for a Safe Longmont said “the court’s decision that citizens don’t have standing to challenge their city government’s violation of city laws is unprecedented,” BizWest states.
They contend that “taxpayer rights, aesthetic values and the proper workings of government” are sufficient to establish standing to sue.
