Second homeowner files suit against Gunnison County over restrictions

County will “vigorously” defend itself

By Mark Reaman

Gunnison County is being sued by a second homeowner from Arvada over the county’s public health order that prohibited non-resident homeowners from coming to the county because of the COVID-19 crisis.

According to businessden.com “James and Joyce Cillessen filed a lawsuit against Gunnison County’s Board of Commissioners and county Public Health director Joni Reynolds on Friday. The couple, whose primary residence is in Arvada but who also own a home on 74 acres in Gunnison, allege the order “constitutes a regulatory taking, and the failure to pay just compensation,” as well as a violation of substantive due process rights, and thus violates the U.S. and state constitutions.”

The county is analyzing the lawsuit. “Gunnison County has received the suit and is in the process of reviewing it,” said deputy county attorney Matthew Hoyt. “We view any lawsuit claiming that the Public Health Orders are somehow unconstitutional as lacking merit, and we will vigorously defend against such claims.”

The County has not received any other lawsuits in regard to the public health orders.

Businessden.com reported that the Cillessens had requested an exemption so that they could come to the county, but Reynolds had denied the request.

A day after the lawsuit was filed, Gunnison County updated its public health order stating non-resident homeowners could return to the county as long as they self-isolated for seven days.

Hoyt said the lawsuit had no impact on the Eighth Amended Public Health order that allowed the return of nonresident homeowners. “Joni contemplated those changes well before we received the lawsuit. It did not contribute one bit to her decision,” he said.

The attorney representing the couple said they are reviewing the new order and evaluating how it would impact their clients and the lawsuit.