Judge says Avon vs. Traer Creek trial date won’t change | VailDaily.com
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Judge says Avon vs. Traer Creek trial date won’t change

EAGLE, Colorado – The Avon Town Council is playing a “Whack-a-Lindholm” game, blocking Traer Creek from bringing more retailers to town, Traer Creek’s attorney said Thursday.

Francis Koncilja says she can’t wait to get depositions from former Avon Mayor Ron Wolfe and council members Tamara Nottingham-Underwood and Kristi Ferraro.

She may get her chance soon. District Court Judge Tom Moorhead said Thursday he’d have no more delays and the trial would start as scheduled, Oct. 31.



“We’re talking about a community being held hostage by this litigation,” Moorhead said. “My docket’s time belongs to the community.”

The trial is scheduled to last almost a month, through Nov. 25.



“This case is going to go to trial on Oct. 31 and it will be concluded within the trial dates,” Moorhead said. “If that means we’re in court from 7 o’clock in the morning until 10 o’clock at night, that’s what we’re going to do.”

Moorhead said he spent Wednesday evening reviewing this case after he’d finished Wednesday’s criminal docket.

“The deadlines will be the deadlines,” Moorhead said. “If attorneys miss a filing deadline, those documents will be stricken.”



Since Avon and Magnus Lindholm’s Traer Creek started suing each other in 2008, the two sides have filed 204 transactions on thousands of pages of paper.

Moorhead said he expects more before the two sides go to war in his courtroom.

“Civil ligation grows and grows and grows until it’s obviously going to trial. Then it shrinks and shrinks and shrinks,” Moorhead said from the bench. “No matter the amount of paperwork and number of filings, the trial will go forward as scheduled.”

A six-month delay could cost Avon another $600,000, said Dean Heiser, the attorney representing Avon.

EAGLE – It’s great that the wheels of justice are spinning, but you really want to know what snarky, sarcastic things Traer Creek attorney Francis Koncilja and Avon’s attorney Dean Heiser said to each other, don’t you?

Well …

Koncilja: The town council, especially Nottingham and Ferraro, want to modify the annexation agreement, she says. She has not figured out a way to sue them personally because they have governmental immunity, but she does want to question them in a deposition, along with former Avon Mayor Ron Wolfe and others.

“My experience with cases like this, when people have to raise their right hands and swear they’re telling this truth, this type of gamesmanship falls away.”

Heiser: Koncilja asserts the town has been withholding information and obfuscating: “The town has produced some 100,000 records.”

Koncilja: “I think, very frankly, he has given me a lot of garbage.”

Heiser: “If Ms. Koncilja doesn’t think the information is there, then there is no information.”

Koncilja: “I’m now at the point where I don’t trust the other side,” she said, gesturing toward the town’s attorneys.

“The town, with these new claims, is playing Whack-A-Lindholm. These are some of the most creative pieces of pleading I’ve ever seen.”

Heiser gave Konciljas Good Friday and Easter Monday as options to take her depositions. She was offended, she told Moorhead, adding that it’s the same as her giving him no options but Yom Kippur.

Staff Writer Randy Wyrick can be reached at 970-748-2935 or rwyrick@vaildaily.com.


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