Council hires outside counsel for lawsuit

Attorneys from Lewis Roca Rothgerber Christie LLP will defend the city in a suit over Centerra South

In a discussion that was more cordial than not, Loveland City Council voted to hire an outside attorney to defend the city in a lawsuit arising from its Nov. 21 decision to rescind its approval of the Centerra South urban renewal plan.

By a vote of 7 to 2 at a special meeting Wednesday, members directed the city attorney’s office to retain Lewis Roca Rothgerber Christie LLP to advise the city on “strategy, options and concerns” related to the claims filed by Mcwhinney Real Estate Services alleging breach-of-contract, among other things.

Councilor Troy Krenning recommended the Denver-based firm, and, in particular, attorney Michael Plachy, who has represented Discovery Air in legal matters with the Northern Colorado Regional Airport.

Krenning called the firm equal to the challenge posed by the high priced attorneys from Brownstein Hyatt Farber and Scheck representing the Mcwhinneys.

“We need to be prepared and we need to be ready to respond,” Krenning said, predicting that the suit would go before a judge within days. “…Mcwhinney Real Estate firm has hired a very credible and very reputable and very capable law firm with national prominence. And it would be a disservice to this council to do anything less.”

Krenning’s push for quick action was seconded by City Attorney Moses Garcia, as was his recommendation for a prominent firm.

“He’s correct that we are facing a very credible firm that is going to be suing the city. We do need to act very quickly,” Garcia said. But Garcia also came to the meeting with some recommendations of his own, explaining that he contacted the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and received a list of referrals for attorneys that specialize in municipal matters. He also pointed out that Plachy’s representation of Discovery Air could potentially introduce a conflict of interest, though the city could waive it by choice.

That touched off a long discussion about the merits of Krenning’s recommended

firm versus those on Garcia’s list, a discussion that at times turn testy. Councilors Andrea Samson and Dana Foley in particular argued for choosing a different firm with experience representing the city in prior matters.

“While we would like to be able to take your word on it, ultimately I think outcomes are what we need,” Samson said, addressing Krenning.

Ultimately, though, their arguments fell short, and

council went on to approve the hire by a vote of 7 to 2, with Councilors Steve Olson and Foley the no votes.

Garcia told council he would reach out to the firm immediately to initiate the process of retaining it.