Cignet Land filed legal action April 19 challenging the boundaries of the proposed incorporation of Falcon.Greg Timm of Cignet Land, who also is the president of the Falcon Highlands Metropolitan District, owns about 50 acres along the west side of Meridian Road, near the Falcon Fire Protection District station. Timm originally owned 60 acres, but sold 12 acres to Wal-Mart. A portion of the 50 acres is included in the proposed boundaries for the town of Falcon. Timm said the incorporation committee did not seek permission to include the land, which is slated for commercial development.When incorporation talk first surfaced in Falcon, Timm said he had been assured that his property would not be included in the boundaries. He said he discovered the proposed boundaries and the details of the incorporation efforts through the Gazette and The New Falcon Herald.Until he filed legal action, he said incorporation members had not returned his e-mails, letters or phone calls.According to state statutes, incorporators of a city must send letters to owners of 40 acres or more, seeking permission to include them in the incorporation boundaries. The landowners can opt out of the boundaries, if they desire. Timm said they had never received a letter and were told by the incorporation committee that four letters they sent to 40-acre landowners were lost and never delivered.ìAll we have is the right to challenge the boundaries ñ not to stop the election,î he said. However, if enough people challenge the boundaries, they can request a hearing prior to the election.Timm said there are ìquite a few other retail property ownersî who have joined the rally against the incorporation. Timm has registered a new committee ñ No Budget No Incorporation ñ with the state and plans to start a widespread campaign against the formation of the town of Falcon. ìWe are going to start educating the public, taking out advertising in newspapers … signage … education brochures,î he said. ìWe are very serious about this.îTimm said he believes Wal-Mart officials have not been aware of the incorporation plans as well.The sales tax issue is one problem, he said ìWe would lose contracts if this goes through,î he added. ìItís detrimental to businesses.îThe incorporation committee has filed a response to ìmodify incorporation boundaries,î Timm said. ìWe are in the process of filing a reply to their response, asking for a hearing prior to the vote.îMeanwhile, John McCarty, director of the El Paso County Department of Transportation, was equally surprised at the incorporation boundaries. ìWe were shocked at the boundaries,î McCarty said. ìThey picked up the valuable commercial land, and everything else is low density.îHe said the committee is taking a different approach from Black Forest incorporators, who presented to the county commissioners. ìI asked Tom Cline (about having discussions with the county), and he said their attorneys didnít think you need to do that,î he said. ìThey havenít talked to us about providing (road) maintenance.îHowever, McCarty said county officials plan to include this on the commissionersí agenda ñ soon.
