Mission Viejo Library Archive of Events:
The Mission Viejo HOA Filed Suit Against the City of Aurora
At the November 17, 2009 HOA Board of Director’s Meeting, attended by many residents, the Board decided to retained an attorney to seek a halt against the City’s proposed action to close the Mission Viejo Library. The HOA believes the City of Aurora is in breach of a 1973 agreement the City made with the Mission Viejo Company that obligates the City to furnish library services for 50 years at this location.
Click HERE to see a copy of the agreement.
City Council decided on December 5th, 2011 to not issue a 90 day notice to close our library! Instead a special study session will be held January 30, 2012 to discuss Mission Viejo Library as well as other City library issues. This decision ensures that the Mission Viejo Library will remain open till at least April 29th 2012!
The HOA applauds the Council with this decision and we will continue to monitor the City’s obligation to maintain library operations according the City’s land agreement that requires services in the facility till at least August 10, 2025.
On the morning of December 14, 2009 Mission Viejo Homeowners’ Association Inc.’s (HOA)’s, attorney, Robert T. Hoban of the law firm Hoban & Feola, Attorneys at Law, filed suit in the Arapahoe County District Court over the planned closure of the Mission Viejo Library.
November 2012 General Improvement District Election
The Mission Viejo Library General Improvement District Ballot Issue 300 was defeated in the November 1, 2011 Coordinated General Election. Preliminary unofficial results reported from the Arapahoe County Elections Office as of 10:08 am 11/4/2011 show the issue failed by an overall margin of 58% against to 42% in favor.
We sincerely thank all who supported and assisted with this cause. While the issue was defeated the Mission Viejo HOA will be vigilant against any proposed closures and breach of contract issues with the City. We are hopeful that newly elected City representatives will find ways to ensure funding and a sustainable future for our neighborhood library.
City Re-opens Mission Viejo Library for 2011.
City Council Re-opens the Mission Viejo Library for One Year Only
No guarantees to abide by the original agreement. The Court lifts the Stay and the issue will proceed to Court.
Previous HOA Statements:
While the news of the re-opening of our closed Mission Viejo Library is positive, the City has failed to coordinate any of its recent actions with the Mission Viejo Homeowners’ Association Inc. This is highly unusual in the context of a lawsuit. Further, the Mission Viejo Homeowners’ Association Inc. has received no guarantees of future actions to close the library which would be in violation of our contract, details on the level of service from the re-opened library or mitigation of damages to the breach of contract to the community. The HOA requests that the City of Aurora present a global settlement proposal to the HOA through its attorney in regards to these matters rather than continuing to unilaterally circumvent the legal process. The only way a permanent resolution can be reached is through a mutually agreeable global settlement of the lawsuit.
While the repeated message from the City stating, “the city’s attorneys maintain that the closure met all legal requirements”, as published in the November 2010 News Aurora publication, fails to discuss the whole issue as seen from both sides. In fact the merits of the Mission Viejo HOA’s case are very strong. Judge Spencer of the 18th Judicial Court in Arapahoe County strongly agrees, as set forth in the December 22, 2009 injunction hearing transcript which we have highlighted and for the first time made available on our web site by clicking: HERE.
Specifically, the Trial Court has already determined that the 1973 Agreement clearly bound the City to operate a library on the subject property for a minimum of fifty years and that the City committed a breach of contract. Despite a superficial attempt at setting aside time for mediation, the Court has lifted all stays and it appears now that this case will likely proceed to trial on April, 25 2011.
Oct. 25, 2010: Legal representatives for the Mission Viejo HOA and the City of Aurora met at a status conference with Judge Spencer today at the 18th Judicial Court, Arapahoe County Justice Center. Because there are several remaining issues the Court is going to set this issue for trial sometime in 2011. The Mission Viejo HOA remains hopeful that the City will negotiate a settlement with the HOA.
Jan 26, 2011: The Mission Viejo HOA and the City of Aurora meet for mediation to come to terms on a settlement.
News Jan 19, 2011: Aurora Patrons Return to the Mission Viejo Library – (Aurora Sentinel) (click on the link to view article)
News Jan 18, 2011: Photos of the re-opened Mission Viejo Library – (Denver Post) (click on the link to view the photos)
News Jan. 10, 2011: Lawsuit Looms as Aurora Prepares to Reopen Library with Limited Hours (Denver Post) (click on the link to view article)
News Dec. 5, 2010: Arapahoe Library District Prove Irksome in Aurora (Aurora Sentinel) (click on the link to view article)
News Nov. 18, 2010: HOA Says Library Case Against City Unresolved (YourHub) (click on the link to view article)
News Oct. 12, 2010: Next Year’s Budget for Aurora gets City Council Approval (Aurora Sentinel) (click on the link to view article)
Opinion Oct. 7, 2010: Aurora’s Revolving Libraries: Throw the Book at ‘Em (Aurora Sentinel) (click on the link to view article)
News Oct. 7, 2010: Mission Viejo Library May Reopen as Soon as 2010 (Aurora Sentinel) (click on the link to view article)
News Oct 3, 2010: City Poised to Reopen Library (Aurora Sentinel) (click on the link to view article)
News Oct 2, 2010: Aurora Will Reopen Mission Viejo Library (Denver Post) (click on the link to view article)
Preliminary Injunction Hearing:
Council Vote December 7, 2009:
Here is Channel 4’s news coverage on our library closure:
Front page in Denver and the West: