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Aurora Library Fight Could End In Court

Budget Gaps Versus City Agreement

POSTED: 4:41 pm MST November 18, 2009
UPDATED: 10:51 pm MST November 19, 2009

A group of homeowners is so upset by the city of Aurora's decision to close down their neighborhood library that they want to take the fight to court.

They believe the city of Aurora is backing out of a long-standing contract.

"We don't know of any other organization that's going to fight," said Elaine Lay, secretary for the Mission Viejo Homeowner's Association, which voted Tuesday night to retain an attorney. "Well, I couldn't sleep very well last night. I think it's a bit worrisome. But, I think it's worth it. It's just, it's a neighborhood library.

Opened in 1975, the Mission Viejo library near Hampden and Chambers also saw renovations completed in 2002, after voters approved a bond issue in 2000.

"We probably have $500,000 in improvements here," said Pam Szot, manager of the library.

Twelve of her staff members will transfer to the three city libraries that will remain open. Four others will be laid off by the time the Mission Viejo facility closes Dec. 31.

"It's really hard. These are staff that I've worked with for a very long time," Szot said. "It's just really kind of surreal. I think it's really finally kind of hitting home that we really are going to have to close and get all of this done."

On Nov. 3 Aurora voters rejected a property tax increase that would have provided $12 million for Aurora city libraries.

But the HOA believes the original agreement that gave the city the library site also bound government to a 50-year commitment to keep the site as an open, functioning library.

"You can look at the language quickly or you can look at it slowly," said City Attorney Charlie Richardson, who, along with city staff, has been looking over those decades-old documents since August. "And we came to the conclusion that the city council possessed the legal ability to make decisions about the future of the Mission Viejo library after the 35 years, which expired in March of this year."

Richardson said he can empathize with local residents who use and appreciate the facility.

"We want to keep our agreements. But you can see this was not an arbitrary, capricious rejection of our obligations to the Mission Viejo community. We have really looked at this and pulled all the documents together," he said.

The attorney for the HOA, Bob Hoban, told TheDenverChannel he intends to file an injunction with the Arapahoe County District Court by early next week, believing the city is guilty of breach of contract.

Hoban said he also hopes to meet with city counterparts first, to explore the possibility of an out-of-court agreement.

Richardson said he and his staff found three different periods where the city appears bound to deliver library services at the Mission Viejo site, developed by a Southern California firm of the same name, to 21, 25 and 50 years.

"So, in the long run, maybe we do need a judge," Richardson said.

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