13 minute read
SEE SUED
in the county.
The order was first challenged by the Douglas County School District and is now being disputed in a lawsuit filed by two Douglas County businesses: the Parker Montessori School and a Castle Pines hair salon.
The civil lawsuit, filed Jan. 6 in Douglas County District Court, argues that both the order and the entire Douglas County Health Department are unlawful and asks the court to agree.
“All we’re doing really is trying to hold Douglas County to the law,” said Igor Raykin, from Kishinevsky & Raykin, the law firm that filed the document.
In the lawsuit, Anitha Harshan, the director of Parker Montessori, and Becky Henderson, the owner of Curl Up N Dye hair salon, allege that the Douglas County Health Department “was not lawfully constituted” because the county did not “provide the statutorily required one-year written notice” before withdrawing from the
Tri-County Health Department.
The county has argued that a one-year notice they sent to TriCounty in July 2020 but rescinded soon after was revived when the health agency went back on their agreed terms.
Raykin said this was “a ridiculous argument,” in an interview with Colorado Community Media.
In a statement released through a spokesperson, the chair of the health department’s board, Doug Benevento, said the department had not yet been served with the new lawsuit.
“If we are served we will vigorously defend the process the county followed to establish a health department and its issuance of a public health order related to masking,” according to the statement. “Our county health department is recognized by the State of Colorado and is providing COVID-19 services in Douglas County.”
He also said the board stands by its public health order, saying the order is “consistent with our mission to protect public health and the state’s decision to lift its mask mandate.”
Raykin said his office plans to serve the county with the lawsuit this week and will then seek a preliminary injunction from a judge.
Both businesses suing the health department wish to require masks in their facilities, according to the lawsuit.
“To protect the employees, staff, children and visitors to Parker Montessori from COVID-19, Plaintiff Hashan has implemented and enforced a universal mask requirement for employees, staff, children and all visitors when in the facility since reopening on April 20, 2020,” according to the lawsuit.
After the board of health’s
Douglas Benevento was selected as the president of the new Douglas County Health Department’s board of health. PHOTO BY ELLIOTT WENZLER
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order was approved, a parent contacted the school to say they would like their child to be exempt from mask requirements, according to the document.
“The presence of an unmasked child within Parker Montessori created problems,” according to the lawsuit, which went on to cite risks for immunocompromised children and concerns of staff members.
In the section relating to Henderson’s hair salon, the lawsuit says that the owner wishes to implement a mask order because an outbreak of COVID-19 would affect the business and could include “possibly requiring the business to close.”
“An unmasked client presents an increased risk to Plaintiff Henderson’s employees; and other clients’ health, and an increased risk of a COVID-19 exposure that could cause
First lawsuit incurred fees
After months of disagreements with TriCounty Health Department, Douglas County in July 2020 gave the required one-year notice that it would form its own health department but later walked that decision back after TriCounty agreed to allow counties to opt out of public health orders.
In August 2021, Tri-County voted to stop those opt-outs and enacted a school mask mandate. As a result, the Douglas County commissioners immediately split from the health agency and formed their own, claiming that the original one-year notice from July 2020 was revived because Tri-County had gone back on the earlier agreement.
When the new Douglas County Health Department first approved its exemption order, the board of health told Colorado Community Media that it would only be enforced in schools, even though its language could technically apply anywhere in the county.
On Oct. 26, a judge ordered the Douglas County Health Department to temporarily stop enforcing the exemption order in schools after the school district sued the department, arguing that the rule violated the civil rights of students with disabilities.
After a school board election changed the district’s board to be mostly made up of antimask-mandate members, the board of health voted Nov. 12 to amend their exemption order so it would no longer apply to schools.
“Our current public health order requires places of public accommodation that are requiring masks to provide exemptions to individuals for health reasons,” according to a statement on the Douglas County website dated Nov. 24.
An invoice from the law firm Greenberg Traurig titled “Re: Public Health Order Litigation” shows that the board of health incurred about $87,000 in legal fees during the month of November, according to the document acquired by CCM in a public records request.
Public Notices call Sheree 303.566.4088 legals@coloradocommunitymedia.com
Legals
Public Trustees
PUBLIC NOTICE
Englewood NOTICE OF SALE Public Trustee Sale No. 2021-0036
To Whom It May Concern: On 11/1/2021 3:16:00 PM the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in Douglas County.
Original Grantor: MELODY L SANTIAGO Original Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR UNIVERSAL LENDING CORPORATION Current Holder of Evidence of Debt: Universal Lending Corporation Date of Deed of Trust (DOT): 1/10/2018 Recording Date of DOT: 1/12/2018 Reception No. of DOT: 2018002788 DOT Recorded in Douglas County. Original Principal Amount of Evidence of Debt: $265,567.00 Outstanding Principal Amount as of the date hereof: $257,894.55
Pursuant to C.R.S. §38-38-101 (4) (i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations of the terms thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
The property described herein is all of the property encumbered by the lien of the deed of trust.
Legal Description of Real Property:
UNIT 202, CONDOMINIUM BUILDING 4, CANYON CREEK CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP FOR CANYON CREEK CONDOMINIUMS RECORDED ON AUGUST 22, 2006. AT RECEPTION NO. 2006072105, IN THE RECORDS OF THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF DOUGLAS. COLORADO, AND AS DEFINED AND DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CANYON CREEK CONDOMINIUMS. RECORDED ON FEBRUARY 25, 2005, AT RECEPTION NO. 2005016274 IN SAID RECORDS, COUNTY OF DOUGLAS. STATE OF COLORADO.
Which has the address of: 8489 Canyon Rim Cir Unit 202, Englewood, CO 80112
NOTICE OF SALE
23, 2022, at the Public Trustee’s office, Philip S Miller Building Hearing Room, 100 Third Street, Castle Rock, Colorado, I will sell at public auction to the highest and best bidder for cash, the said real property and all interest of said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. If the sale date is continued to a later date, the deadline to file a notice of intent to cure by those parties entitled to cure may also be extended.
First Publication: 12/30/2021 Last Publication: 1/27/2022 Publisher: Douglas County News Press
Dated: 11/1/2021 DAVID GILL DOUGLAS COUNTY Public Trustee The name, address and telephone numbers of the attorney(s) representing the legal holder of the indebtedness is:
ANNA JOHNSTON Colorado Registration #: 51978 1391 Speer Boulevard, Suite 700 , DENVER, COLORADO 80204 Phone #: (303) 350-3711 Fax #: Attorney File #: 00000008912289
*YOU MAY TRACK FORECLOSURE SALE DATES on the Public Trustee website: http://www. douglas.co.us/publictrustee/
Legal Notice No. 2021-0036 First Publication: 12/30/2021 Last Publication: 1/27/2022 Publisher: Douglas County News Press
PUBLIC NOTICE
Littleton NOTICE OF SALE Public Trustee Sale No. 2021-0042
To Whom It May Concern: On 11/19/2021 2:41:00 PM the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in Douglas County.
Original Grantor: MARK A. TAYLOR AND LAURA B. TAYLOR Original Beneficiary: U.S. BANK NATIONAL ASSOCIATION ND Current Holder of Evidence of Debt: U.S. BANK NATIONAL ASSOCIATION Date of Deed of Trust (DOT): 7/9/2002 Recording Date of DOT: 7/22/2002 Reception No. of DOT: 2002070730 DOT Recorded in Douglas County. Original Principal Amount of Evidence of Debt: $400,000.00 Outstanding Principal Amount as of the date hereof: $399,627.84
Pursuant to C.R.S. §38-38-101 (4) (i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations of the terms thereof.
Legal Description of Real Property: LOT 12, STONEHENGE AT ROXBOROUGH, COUNTY OF DOUGLAS, STATE OF COLORADO
Which has the address of: 5738 Indian Paint Run , Littleton, CO 80125
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that on the first possible sale date (unless the sale is continued*) at 10:00 a.m. Wednesday, March 9, 2022, at the Public Trustee’s office, Philip S Miller Building Hearing Room, 100 Third Street, Castle Rock, Colorado, I will sell at public auction to the highest and best bidder for cash, the said real property and all interest of said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. If the sale date is continued to a later date, the deadline to file a notice of intent to cure by those parties entitled to cure may also be extended.
First Publication: 1/13/2022 Last Publication: 2/10/2022 Publisher: Douglas County News Press
Dated: 11/19/2021 DAVID GILL DOUGLAS COUNTY Public Trustee
The name, address and telephone numbers of the attorney(s) representing the legal holder of the indebtedness is:
ANNA JOHNSTON Colorado Registration #: 51978 1391 Speer Boulevard, Suite 700, DENVER, COLORADO 80204 Phone #: (303) 350-3711 Fax #: Attorney File #: 00000009301185
*YOU MAY TRACK FORECLOSURE SALE DATES on the Public Trustee website: http://www. douglas.co.us/publictrustee/
Legal Notice No. 2021-0042 First Publication: 1/13/2022 Last Publication: 2/10/2022 Publisher: Douglas County News Press
City and County
Public Notice
Amended Notice of Public Hearing
A public hearing will be held on February 28th, 2022 at 6:00 p. m., before the Douglas County Planning Commission and on March 8th, 2022 at 2:30 p. m., before the Board of County Commissioners in the Commissioner’s Hearing Room, 100 Third Street, Castle Rock, CO, for a proposed amendment to the Douglas County Zoning Resolution. The proposed amendment to the Zoning Resolution will modify Section 29 in such a manner that large signs will be limited to uses that require a Site Improvement Plan (SIP) or a Use by Special Review (USR). The proposed amendments will not affect the regulations pertaining to temporary signs. For more information call Douglas County Planning, 303-660-7460.
File Number: DR2021-011.
Legal Notice No. 941281 First Publication: January 20, 2022 Last Publication: January 20, 2022 Publisher: Douglas County News-Press
Public Notice
Amended Notice of Public Hearing
A public hearing will be held on February 28th, 2022 at 6:00 p. m., before the Douglas County Planning Commission and on March 8th, 2022 at 2:30 p. m., before the Board of County Commissioners in the Commissioner’s Hearing Room, 100 Third Street, Castle Rock, CO, for a proposed amendment to the Douglas County Zoning Resolution. The proposed amendments include modifying the Suburban Residential district setbacks, changes to detached garage size limitations within all residential zone districts, and changes to the encroachment standards within all residential zone districts.. For more information call Douglas County Planning, 303-660-7460.
File Number: DR2021-007.
Legal Notice No. 941282 First Publication: January 20, 2022 Last Publication: January 20, 2022 Publisher: Douglas County News-Press
Children Services
(Adoption/Guardian/Other)
Public Notice
DOUGLAS COUNTY DISTRICT COURT, STATE OF COLORADO 4000 Justice Way Castle Rock, CO Douglas County, CO 80109
THE PEOPLE OF THE STATE OF COLORADO
In the Interest of: DEVON A. MILNER, D.O.B.: 9/11/2017; WALKER T. CONRAD, D.O.B.: 11/29/2009; CHARLI M. CONRAD, D.O.B.: 5/15/2007, Children
And concerning: JANELLE CONRAD, D.O.B.: 5/20/1981, Mother; CARL MILNER, D.O.B.: 12/14/1982,
Father to Devon A. Milner; CHRISTOPHER CONRAD,
D.O.B.: 10/25/1981, Father to Walker T. Conrad and Charli M. Conrad, Respondents
And SHERYL ANNE THOMPSON,
D.O.B.: 9/25/1958,
Maternal Grandmother; JOHN ALLEN THOMPSON,
D.O.B.: 7/27/1958, Maternal Grandfather,
Special Respondents.
Castle Rock, CO 80109 (303) 814-5326 lreigrut@douglas.co.us lkennedy@douglas.co.us
CASE NUMBER: 21JV123 DIVISION 8
DEPENDENCY SUMMONS
This Summons is initiated pursuant to Rule 2.2 of the Colorado Rules of Juvenile Procedure, Rule 4 of the Colorado Rules of Civil Procedure, and Section 19-3-503, C.R.S. 2021.
TO: CARL MILNER, D.O.B.: 12/14/1982
TO THE RESPONDENT NAMED ABOVE:
You are hereby notified that a petition has been filed which alleges that the above-named children are dependent or neglected as per the facts set forth in the Dependency and Neglect Petition, a copy of which may be obtained at the office of the Douglas County Attorney’s Office.
A Return of Service and Default Adjudicatory Hearing for Respondent Father Carl Milner, and a Review Hearing have been set for March 7, 2022 at 10:00 a.m. in Division 8 by phone by calling 720-437-6180 + 75592#, Douglas County District Court, 4000 Justice Way, Castle Rock, Colorado, 80109.
Your presence before this court is required to defend against the claims in this petition. IF
YOU FAIL TO APPEAR, THE COURT WILL PROCEED IN YOUR ABSENCE, WITHOUT FURTHER NOTICE, TO CONDUCT AN ADJUDICATORY HEARING AND MAY ENTER A JUDGMENT BY DEFAULT THEREBY ADJUDICATING YOUR CHILD AS A DEPENDENT OR NEGLECTED CHILD.
You have the right to request a trial by jury at the adjudicatory stage of this petition. You also have the right to legal representation at every stage of the proceedings by counsel of your own choosing, or if you are without sufficient financial means, appointment of counsel by the Court. Termination of your parent-child legal relationship to free your children for adoption is a possible remedy in this proceeding. If that remedy is pursued, you are entitled to a hearing before a Judge. You also have the right, if you are indigent, to have the Court appoint, at no expense to you, one expert witness of your own choosing at any hearing on the termination of your parent-child relationship. If you are a minor, you have the right to the appointment of a Guardian ad litem to represent your best interests.
You have the right to have this matter heard by a district court judge rather than by the magistrate. You may waive that right, and in doing so, you will be bound by the findings and recommendations of the magistrate, subject to review as provided by sec. 19-1-108(5.5), C.R.S. 2021, and subsequently, to the right of appeal as provided by Colorado Appellate Rule 3.4.
This summons is being initiated by the Douglas County Department of Human Services through its counsel.
Dated: 1/12/2022
/s/ Lori Kennedy Lori Kennedy, #53479 Assistant Douglas County Attorney
