Holds on prop­erty dis­missed for bond

The Denver Post - - NEWS - By Bil­lie Stan­ton An­leu

colorado springs» Im­me­di­ately af­ter Chid­dix Ex­ca­vat­ing Inc.’s lawyer tried to put holds on Colorado Springs Util­i­ties and city prop­er­ties last week to en­sure pay­ment of $1.5 mil­lion won in a law­suit, a fed­eral court ad­min­is­tra­tor granted the city’s emer­gency mo­tion to re­move them, on con­di­tion the city post bond as or­dered, court doc­u­ments show.

“This case is cur­rently on ap­peal. The court de­clined to is­sue writs of gar­nish­ment as re­quested by plain­tiff ’s at­tor­ney,” city at­tor­ney Wynetta Massey told The Gazette.

Hans Tuft, the lawyer for Chid­dix, had filed writs of gar­nish­ment on the prop­er­ties about 3:40 p.m. Thurs­day. Those writs serve no­tice that a judg­ment is in ef­fect against the prop­erty’s owner, so the prop­erty can’t be dis­posed of un­til the judg­ment is paid. Tuft took that route be­cause: • The City Coun­cil had con­sid­ered a pro­posed set­tle­ment in the deal Tues­day, but Tuft and his client weren’t no­ti­fied that it was ac­cepted.

• The city had not posted bond, as or­dered by a fed­eral judge Nov. 7.

But 16 min­utes af­ter Tuft filed the writs, the city asked the court for an emer­gency stay. A U.S. District Court ad­min­is­tra­tor granted the city’s mo­tion with the caveat that the city post bond, Tuft said.

On Fri­day, five weeks and five days af­ter U.S. District Judge R. Brooke Jack­son or­dered that the bond be posted, the city filed a pro­posal to post the bond.

The bond is held by a third party, in this case Trav­el­ers In­sur­ance, to en­sure the plain­tiff is cov­ered for dam­ages awarded.

“I don’t re­ally want Gar­den of the Gods,” Tuft said about one of the prop­er­ties he sought to gar­nishee. “The point was to get their at­ten­tion. Ei­ther pay (Chid­dix) or post the bond.”

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