This structure lies in the right of way of Muller Lane Parkway north of Toler Lane where a roundabout is one of the issues of contention in litigation between the county and the developers of Ashland Park.
Photo by Kurt Hildebrand.
Correction: The original version of this story conflated the permits for Neighborhood No. 1 with the plans for Muller Parkway.
A request for a preliminary injunction against the county moving forward on Muller Lane Parkway was taken under advisement after a hearing in Douglas County District Court on Thursday.
District Judge Tod Young heard arguments from attorneys for the county and Park Ranch Holdings.
Park attorney Darren Lemieux argued that construction of the Parkway as currently presented would do irreparable harm to his client’s property.
He said the issues with flooding on the property came to light while Park was working on the plan for the first phase of Muller Lane Parkway.
Lemieux said Park withdrew a site improvement permit for the road after learning that there was an issue with drainage in the Parkway plans.
Attorney for the county, Kent Robison argued that the Park property is in the floodplain now, and that construction of the Parkway will help reduce that.
Young pointed out that seemed like something that would be determined during trial when Park and the county put their hydrologists on the stand.
To receive a preliminary injunction, plaintiffs have to meet two tests, according to the Supreme Court.
“A preliminary injunction is proper where the moving party can demonstrate that it has a reasonable likelihood of success on the merits and, that absent a preliminary injunction, it will suffer irreparable harm for which compensatory damages would not suffice.”
Lemieux denied that Park is seeking a veto on the project but just wanted to consult with the county.
Park told the Water Conveyance Advisory Committee on Oct. 29 that as designed flood waters will go over Muller Parkway.
“We are not seeking a veto,” Lemieux said. “The plan is riddled with errors. All we’re seeking is that the county must install the drainage.”
Robison said there’s nothing in the agreement that says the county must remove all of Park’s land from the floodplain.
He said that the drainage improvements Park wants will add $8 million to the $12 million price tag for the Parkway.
Robison said that in a deposition, County Manager Jenifer Davidson said the county had $15 million to build the road.
He said one of the reasons the plans aren’t finalized is that the county is waiting on the Federal Emergency Management Agency to issue a conditional letter of approval.
The hearing was part of a lawsuit between the county and the developers of Ashland Park, located behind Chichester Estates.
The Ashland Park agreement was for the county and the developer to share in the costs of constructing the Parkway.
Lemieux argued that if the county had received federal funds to build the Parkway, it wouldn’t have had an issue adding the drainage.
Robison countered that the county has determined that it wants to work further upstream on Buckeye and Pine Nut creeks to reduce flooding for the region.
There is one project approved on the Park property.
The 324-unit Buckeye Farms Specific Plan Neighborhood No. 1 was approved by county commissioners on March 7. The entire project was approved in 2019.
