Judge dismisses neighbors' lawsuit over council's Wilson Water Tank decision

The feud between neighbors in the Mountain Shadows community of Colorado Springs, the city and Colorado Springs Utilities over the Wilson Water Tank is done. A district court judge dismissed the neighbors' lawsuit this afternoon.

The lawsuit claimed that council members had a conflict of interest in their decision to allow the water tank to stand because councilmembers also serve as Colorado Springs Utilities' board members.

As News 5 has previously reported, he tank was built 15 feet too tall last summer.

In October 2023, the city's Planning Commission voted to shut the project down citing the flawed permitting process. But a month later, city council members overturned that decision, effectively allowing for the completion of the CSU water tank's construction.

The owners of the Flying W Ranch, and Lawrence Starr, who lives next to the large tank teamed up to fight the decision.

However, in reviewing the suit, 4th District Court Judge Amanda Philipps found that since the city's charter and city code allows for councilmembers to rule on quasi-judicial issues while also serving as Utilites' board members, there is no conflict of interest. She dismissed the case.

"The mere existence of the dual mandates that Councilors act in the best interest of the city and their constituents while also acting as fiduciaries and members of the board for CSU does not affirmatively prove a conflict of interest, much less a conflict of interest so severe that it deprived Plaintiffs of due process," Philipps wrote in her decision.

Lawrence Starr, who has previously told News 5 he's spent upwards of $30,000 in legal fees to fight this told us he is not surprised but disappointed. Leigh Ann Wolfe, who owns the Flying W, told News 5 she is not prepared to comment now.

News 5 has reached out to CSU and a spokeswoman responded they decline to comment at this time.

Water Tank Coverage Future of a controversial water tank built too tall now in the hands of a judge City of Colorado Springs facing lawsuit over controversial water tank Flying W Ranch files suit over water tank decision City council makes decision on permit for controversial water tank Colorado Springs Council greenlights Utilities' controversial water tank Colorado Springs Utilities' appeal details what went wrong with Wilson Water Tank News5 Investigates: Update on Mountain Shadows neighborhood water tank How the controversial Mountain Shadows water tank got built too tall Colorado Springs Utilities appeals order to stop work on water tank Construction halted on water tower in Mountain Shadows

What's in store for Monsoon Season in southern Colorado

If you've lived in Colorado for a few years, you're familiar with the North American Monsoon. If you're not, buckle up...because it's on the way.

The summer monsoon is coming, here's this year's forecast

News Tips What should KOAA5 cover? Is there a story, topic, or issue we should revisit? Have a story you believe should make the light of day? Let our newsroom know with the contact form below. First Name Last Name Email Phone number Subject Body Security Check