The Crested Butte News Serving the Gunnison Valley since 1999
Restraining order dissolved, injunction hearing next week
by Mark Reaman
The stalemate between the Gunnison County Library District and Crested Butte South Property Owner’s Association continues to roil into the summer. The library district feels it went through a thorough review process for public entities building public facilities (Location and Extent Review) and now has a valid building permit in hand for its new 10,000 square foot library project in CB South. The CB South POA contends any entity doing any building in the subdivision is required to go through the Design Review Committee for review and approval. The library district did not do that. It is now in a court battle.
The CB South POA observed a construction fence going up on the library site last week and asked a Gunnison District Court judge to issue a temporary restraining order (TRO) to halt all construction-related activity on the site. The judge granted that TRO.
The Library District filed a 12-page emergency motion on May 31 to dissolve the temporary restraining order, and it was lifted on Monday by the judge.
“The Court granted the TRO primarily based upon the representation of irreparable harm and indication the Crested Butte South Property Owners had no knowledge or availability to comment on the design of the library which is refuted by both an affidavit from the Director and attached exhibits,” Gunnison District Court judge Kellie Starritt wrote in her Monday ruling lifting the restraining order. “The Court is swayed by the Defendant’s argument that continuation of the site preparation work is necessary to prepare the site for construction regardless of the design and will take six (6) weeks before any construction activity can occur.
The Court can decide the injunction based upon the evidence well before six weeks. It is undisputed the design is the issue not the building of the library. The Court is also cognizant of the major expense a TRO is causing the library district and possibly the Plaintiff if their claim is frivolous.”
CBS perspective
CB South POA board president Kevin Dietz said if the library district had followed the subdivision covenants the project would be flowing with no issues by now.
“The land has Restrictive Covenants listed on the Plat recorded with Gunnison County. The restrictive covenants list CB South POA Covenants as included in the Restrictive Covenants,” he said Tuesday. “CB South Covenants, Article 5, Architectural Control, paragraph 5.1 Design Review Committee states, ‘The Design Review Committee shall be the governing body for design review and approval of any Improvement on any Lot constructed within CB South.’ The restrictive covenants run with the land and are legally binding. Unless there is a court order removing the CB South covenants as restrictive covenants or there is a written exception granted by the CB South Board of Directors, the CB South Covenants must be adhered to.”
Dietz said the process isn’t complicated. “We have said from day-one that the library district purchased land with restrictive covenants,” he said. “They haven’t followed those covenants. To me it is relatively simple. The Location and Extent review is a county requirement and separate from the restrictive covenants that require Design Review Committee review. All we are asking is that the Library District work with the CB South POA and adhere to the requirements of the restrictive covenants.”
CB South POA manager Derek Harwell said the subdivision is willing to work to help expedite the review, but the two June meetings have filled up. “Given noticing requirements, if we get the plans from them, we’ll have to figure out appropriate timing. But that can be done,” he said. “We too want a library built in CB South but it has to be done right. We are adhering to enforcement of the covenants for CB South, of which Location and Extent play no part and have no oversight. This the process with Gunnison County review and approval and has no bearing on adherence to the covenants of CBS which are stated with the plat and deed for the property to run with the land without distinction of owner.”
The library take…
Library district executive director Drew Brookhart said they provided a lot of opportunity for the CB South POA to participate and comment on design issues. “Since 2024 the Library District has provided opportunities for the POA to comment on the project. Importantly, on April 3, 2025, the Library District met with the POA and the County,” he commented in an email on Tuesday. “Legal counsel for each party attended the meeting. The topic of the meeting was the approvals process for a new public library in Crested Butte South. The outcome of the meeting was a confirmation that the project would be submitted to the County under its Location and Extent review process, that the Design Review Committee (“DRC”) would submit comments through the county process, and that direct submission to the DRC was not required for the project. The Library District relied on the outcome of the meeting to complete the design and invested several million dollars based on our confidence in the participants’ statements and authority.
“The POA did provide comments to the County Planning Commission and those comments resulted in changes to the project’s design,” Brookhart continued. “Although the right was available, the POA did not appeal the Planning Commission approval to the Gunnison County Board of Adjustment. Upon learning that the POA still had concerns, the Library District offered to submit its plans to the DRC. The Library District appreciates the knowledge and experience of the DRC members. The Library District’s conditions for meeting with the DRC included the POA not taking legal action to delay the start of construction. The POA rejected the offer, but we still hope for a solution to their concerns that does not require their continuing legal action.”
Brookhart said the Library District unfortunately looks forward to arguing against a preliminary injunction on June 9. “The Library District is employing people, a majority of whom live in the Gunnison Valley, to deliver a public library in Crested Butte South for everyone,” he said. “Their ability to count on this project for their livelihood is a responsibility the Library District takes very seriously.”
The two entities are scheduled to be in court to argue over the injunction on June 9.
