A Palisade landowner who acquired a allow final fall to construct a controversial photo voltaic array that was fiercely opposed by neighbors as a result of it was in a scenic spot has filed a civil lawsuit towards his neighbors, a few of whom are strongly against the challenge.
Ronald and Lynnette Summy, who reside at 566 38 Road the place the photo voltaic array will likely be constructed, alleged that their neighbors allowed James J. Fletcher and his Hope ‘N Horses nonprofit that gives equine remedy for the disturbance. veterans and first responders to trespass on a shared amenity they personal with neighbors.
In their civil lawsuit, which names Fletcher and a number of other landowners who spoke out so loudly late final 12 months towards his photo voltaic challenge, the Summys say a 1985 easement settlement between landowners solely permits the joint house owners to make use of it as an entry highway. for coming into and exiting their properties.
Fletcher, nevertheless, had a lease settlement with one of many landowners to take his horses and the veterans using them which gave him permission to make use of the personal highway.
That permission got here from Dmitry and Katharine Smushkov, who’re neighbors of Jason and Rhiannon Larson. The Larsons have led a vigorous effort towards the photo voltaic challenge and the county’s current moratorium on new ones till the land use code could be up to date to accommodate such small enhance in power.
The Summys’ property sits immediately between land owned by the Smushkovs and the Larsons and Fletcher’s house on Aldrea Vista Court, the place he additionally operates Hope ‘N Horses. They will cross by way of that space to succeed in the land of the Bureau of Land Management at Horse Mountain within the Palisade space.
“One or extra of the easement holders, and particularly, Mr. Larson, might or might not have given permission or permission to Mr. Fletcher and or (Hope ‘N Horses) to make use of the easement and the method of unlawfully coming into the Summy property in contravention of the easement settlement and Colorado legislation,†mentioned the go well with.
Fletcher just lately defeated Mesa County Commissioner Janet Rowland within the GOP major final month, and stays an unopposed candidate for that seat in November. Part of his marketing campaign is to oppose the commissioners approving Summy’s amended conditional use allow, initially accepted in 2018, to double the scale of the 4 megawatt photo voltaic array.
CONTRACT ON THE ROAD
Ten days earlier than the Summys filed their lawsuit, Ronald Summy was issued two summonses for reckless endangerment by a Mesa County Sheriff’s deputy.
During that incident, Fletcher and three others mentioned that Summy virtually bumped into them whereas using a horse on Sobre El Rio Drive close to Fletcher’s ranch.
Because of this, Fletcher filed a civil safety order towards Summy. During a listening to on that order earlier than Mesa County Magistrate Matthew Hardin final week, Summy admitted that the riders have been on the mistaken aspect of the highway and he moved till they have been on the suitable aspect.
But two of these riders, Hope ‘N Horses volunteer Mark Gomez and Iraq conflict veteran Bridget Austin, mentioned they have been on the suitable aspect of the highway, and that Summy swerved towards them on objective, virtually hitting them and their horses.
Austin confirmed that he used a hand gesture asking Summy to decelerate, after which yelled at her to take action.
“I used selection phrases,†testified Austin, who suffers from PTSD after being injured by a roadside bomb throughout the conflict. “I thought it was malicious. (The horses) are arduous to overlook, particularly as a result of the background is inexperienced.â€
Summy mentioned he was going 15 to twenty mph, however the riders mentioned he was extra like 35 mph, 10 miles over the velocity restrict.
Hardin has not but ordered the protecting order as a result of the testimony is incomplete. The events are scheduled to look in courtroom once more on July 24.
That incident prompted the 4, together with Fletcher, to file a grievance with the sheriff’s workplace, which issued two citations to Summy for reckless endangerment. He will likely be charged with these misdemeanor costs this month. If convicted, he may resist two years in jail.
At final week’s listening to, Fletcher’s lawyer, former Mesa County prosecutor Rich Tuttle, requested Summy if he filed the lawsuit in retaliation for his neighbors’ opposition to the photo voltaic array, one thing he denied Ronald Summy.
Tuttle then requested Summy why it was solely now that he and his spouse have been complaining about Fletcher and his horses passing by way of the realm, one thing he had been doing for a minimum of the final 5 years. The Summys, who additionally reside within the Sobre neighborhood, purchased a 40-acre lot south of there 11 years in the past.
Summy didn’t immediately reply that query, solely saying that it is a authorized matter that has but to be resolved.
Tuttle Deputy and Sheriff Brandon Worley, who issued the summons to Summy, mentioned the Summys made a minimum of three 911 complaints about Fletcher’s horses earlier this 12 months, after his neighbor tried to dam his photo voltaic challenge.
Ironically, Summy’s authentic website plans to construct the photo voltaic array on file with the county referred to as for work crews to make use of the identical easement highway to entry the property.