ARPA Files Motion to Dismiss City of Lamar/Lamar Ratepayers Lawsuit

Arkansas River Power Authority, in an August 10 news release, filed a motion to dismiss a lawsuit against the southeast Colorado power organization regarding the Lamar Repowering Project: “Stating that the retail customers identified as plaintiffs in a lawsuit filed against ARPA in July are not parties to the ARPA contracts; and therefore, have no standing to assert claims against ARPA, attorney Craig Johnson of the law firm of Fairfield and Woods filed a motion on behalf of ARPA to dismiss the ratepayer plaintiffs from the lawsuit.

The motion to dismiss also went on to state that the claims should be dismissed as a matter of law due to the statute of limitations, ‘because the facts and circumstances were well-known to the plaintiffs more than three years before this action was filed, the claims are barred by the three-year statute of limitations’.  The plaintiffs have 21 days to respond to the motion.”  Those plaintiffs in the suit filed in District Court in Prowers Count are:  The City of Lamar, Colorado, Colorado Mills LLC, Palace Holdings LLC, Ports to Plains Travel Plaza and Jeanna Dewitt.

The release also stated that five of the six ARPA members have now signed to reaffirm the organic contract.  They are Trinidad, Las Animas, La Junta, Holly and Springfield.  Holly signed their contract on a five to two vote this past Wednesday, August 6, during the monthly Trustees meeting.  The next ARPA board meeting will be held in Lamar on Thursday, August 28 at the Cultural Events Center beginning at 10am.  ARPA board meetings are open to the public.

By Russ Baldwin