In return for dropping its lawsuit against Falcon Heights Development Corp. and Thomas, Jack and Connie Pfost; the El Paso County Board of County Commissioners voted unanimously in early December to accept a settlement of $250,000.Amy Mullaney, assistant county attorney, said the county initiated the lawsuit in December 2008 after the BOCC passed a resolution of default in February 2007 because the Pfosts and their corporation failed to “complete certain subdivision improvements as contemplated by improvement agreements back in 1999” for Falcon Heights Filings 1 and 4.The $250,000 is not enough to cover the “full extent of improvements we feel we want to do,” Mullaney said. The county estimated the total improvement cost at more than $1 million.She advised the county to accept the settlement because so many others have already filed liens, and the county’s liens would be junior. “Our concern was that we would not get any cash on hand,” Mullaney said.Commissioner Dennis Hisey said the $250,000 would give the county enough money to take care of some drainage issues and bring the roads up to standard. “We have no intention of dipping into the general fund to give them paved roads out there, but this does provide a minimum level of access,” Hisey said.The Falcon Heights development is on the north side of Falcon Highway at Buckhorn Road.
BOCC settles lawsuit
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