City accepts O’Neal stipulations in settlement offer

    In an unanticipated turn of events, the City of Holyoke received and accepted an offer of settlement from Rupert and Claire O’Neal with regard to the lawsuit that has spanned close to three years.
    At a special meeting Thursday morning, March 29, the council voted unanimously to accept the O’Neal proposal for settlement.
    The lawsuit involves the City’s use of the drainage water pit on O’Neal land southeast of Cobblestone Inn & Suites on the south end of Holyoke.
    Stipulations of the settlement include:
    —O’Neals will dismiss their appeal.
    —O’Neals will pay $22,050 to the City in fees/costs as ordered by the court in a Jan. 25 hearing.
    —City will waive payment of $2,373 in costs ordered to be paid by the O’Neals.
    —City has no opposition to the withdrawal of the O’Neal appeal.
    —No other costs or fees will be due either party.
    Filed in July of 2015, the lawsuit had evolved to the appeal stage by the O’Neals.
    In the most recent ruling, Judge Charles Hobbs ruled with the City in defining the easement boundary for the “pit” area involved in the dispute. His order establishing the boundary was filed with Phillips County District Court July 18, 2017, using evidence from a Feb. 24, 2017, evidentiary hearing.
    On Sept. 20, 2017, the O’Neals filed their appeal with the Colorado Court of Appeals.
    That appeal, which will now be dismissed by the O’Neals, cited the June 21, 2016, judge’s order granting a summary judgment for the City, the Sept. 1, 2016, order denying the O’Neal motion for reconsideration, the July 18, 2017, order establishing easement boundary and the Aug. 3, 2017, order revising the quiet title decree.
    An 18-minute executive session to receive advice from legal counsel was held prior to the decision at last week’s special meeting.