Business / Commercial Litigation

Special Districts Litigation – Denver Corporate Litigation Lawyers

Special districts in Colorado are simply local governments, usually created by a developer to finance the development of public infrastructure (roads, water and sewer lines, bike paths and recreation trails, parks, community pools and recreation centers, and similar facilities) of a new development. Metropolitan districts are a type of special district commonly created in new subdivisions. When properly used, these districts provide an important service. But developers can misuse these districts, often putting their own private interests ahead of the public good.

Special districts must be created according to a very strict statutory process, with limited timelines allowed for property owners to object. Special districts must not be used for private benefit, but instead are compelled to provide public services and public facilities. Developers who use special districts as a source of private funds could be in violation of the law.

The Colorado corporate litigation attorneys at Burg Simpson have successfully represented property owners who’ve objected to special districts. We’ve also represented individuals who reside within special districts to help them gain control of the districts from the developers that are all too often reluctant to give up power. Our firm has successfully obtained judgments against developers that have misused special districts, and successfully invalidated agreements that would have forced taxpayers to pay for improper expenses. Burg Simpson law also regularly serves as general counsel to special districts run by residents.

If you’re involved in a conflict with a special district, don’t wait to call a Colorado corporate litigation attorney at Burg Simpson at 303-792-5595.

Colorado law imposes strict limits on what services county governments can offer residents. These special districts typically spring up to fill the gaps that are left. Most of these special districts draw their boundaries in unincorporated county land, but they can also include municipality residents.

As political subdivisions of the state, special districts have to submit several different filings throughout the year. Most of these are financial, but also include things such as election results, boards of directors, among others. Some of the more critical paperwork includes:

  • Service plan – One of the most important documents a special district has to file with the state is a service plan, which details what services the district will be responsible for. The service plan also lays out a financial plan for the acquisition of necessary facilities. Service plans must be submitted to the board of county commissioners or the appropriate municipal board. After approval and a successful election to establish the district, the service plan is filed with the county clerk and recorder as well at Colorado’s Division of Local Government.
  • Annual audit – Special districts have to submit an audit of its financial statements or otherwise file for an exemption. Either of these must be filed annually and must be done independently. Audit exemptions are only for districts with smaller budgets and require submission of financial information compiled by finance professionals and must be approved by the State Auditor. Residents can review these audits at the special district office, at the state auditor’s office, and at the Division of Local Government.
  • Annual budget – Every special district is also required to file an annual budget with the Division of Local Government. Among other things, the annual budget has to also include a note regarding significant budget issues, the basis of accounting, and any leases the district is committed to. Residents can review special district budgets at the office of the special district, or at the Division of Local Government.

Call BurgSimpson for Help

If you have concerns regarding metropolitan or other special districts, reach out to the Colorado commercial litigation lawyers at Burg Simpson by calling 303-792-5595 as soon as possible. We can assist you in protecting your rights!

Burg Simpson Sues Feds over Floodwater Release

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Burg Simpson Sues Feds over Floodwater Release

Late one night in September 2013, after days of constant rainfall, the U.S. Bureau of Reclamation opened the floodgates of Olympus Dam in Larimer County, Colorado. More than 5,000 cubic feet of water per second rushed down the Big Thompson River, destroying several homes along the way. Overall, the flooding that year killed 10 people… Read more »

Michael S. Burg’s Hall of Fame Portrait Unveiled

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Michael S. Burg’s Hall of Fame Portrait Unveiled

Temple University unveiled Burg Simpson founder Michael S. Burg’s portrait in its Trial Lawyer Hall of Fame earlier this month. Michael attended the ceremony, where he expressed his concern for the future of the profession. “The framers of the Constitution and the Declaration of Independence understood the importance of the jury trial and how important… Read more »

Alan K. Simpson Supports Return to Civil Discourse

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Alan K. Simpson Supports Return to Civil Discourse

Over the last several years, the tone of American politics has become increasingly unpleasant, to put it mildly. It’s something Burg Simpson co-founder Alan K. Simpson wants to see change. One thing Simpson would like to see is lawmakers spending more time listening to their constituents. It’s something he made a priority during his own… Read more »

Michael S. Burg Discusses Equifax CEO’s Sudden Retirement

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Michael S. Burg Discusses Equifax CEO’s Sudden Retirement

Burg Simpson founding shareholder Michael S. Burg spoke with Reuters this week about the abrupt retirement of Equifax CEO Richard Smith following the credit reporting agency’s massive data breach. “They didn’t do anything to protect the consumers and their information,” Burg told the news service, “Then they attempted to keep people from being able to… Read more »

Minority Shareholders Have Rights – Colorado Corporate Litigation Attorneys - Burg Simpson

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Minority Shareholders Have Rights, Too

By definition, minority shareholders don’t have much say in how a company is run. They’re a lot like Delaware in a presidential election. But the law does afford them protections to prevent their rights from being trampled, while also granting remedies in case those rights have been violated. Minority shareholder rights are violated when the… Read more »

Appraisers’ Decision on Causation is Binding – Colorado commercial litigation lawyer - Burg Simpson

 July 21, 2017

Appraisers’ Decision on Causation is Binding

On July 19, the Iowa Court of Appeals held that the results of an insurance appraisal are binding and conclusive against the insurance company. In Walnut Creek Townhome Ass’n v. Depositors Ins. Co., 2017 Iowa App. LEXIS 722 (July 19, 2017), the court held that an appraisal award that determined the “amount of loss” to… Read more »

Breach of Contact – Colorado Corporate Litigation Attorneys- Burg Simpson

 June 22, 2017

HOW LONG DOES A PARTY HAVE TO PERFORM HIS OR HER DUTY UNDER A CONTRACT?

If you are in the business world, a common cause of action you may encounter is for breach of contract. A breach of contract occurs when one party fails to perform an agreed-upon duty as specified in the contract, whether it’s verbal or written.  Sometimes the question arises as to how long a party to… Read more »

Tesla Liable - Denver Product Liability Attorney – Burg Simpson

 May 4, 2017

Was Tesla Liable?

When a product harms a consumer, the victim or surviving family has the right to file a product liability or a wrongful death lawsuit. These legal actions determine if the manufacturer of the product was negligent in designing, manufacturing or testing the product’s safety prior to release. When Tesla finally allowed the self-driving car onto… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

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Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

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