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WH battling with county over pond maintenance

The Woodmen Hills Metropolitan District received notice of a complaint filed against them in November 2013 by El Paso County, claiming the district hasnít been maintaining one of its retention ponds, said Evan Ela, attorney for WHMD.ìThe pond has been out there for a long time,î Ela said. ìPast studies have been done by the county, and there have been talks between the county and the district but nothing really substantive. The district was surprised to get sued over this issue.îEla said the complaint was filed in November, but the district didnít get served until December. WHMD filed its answer in February, and the claim has been referred to the districtís insurance agency, which hired legal counsel to handle the process, he said.ìThey (the county officials) say that there have been damages below the pond, claiming the district owes the county money for the damages,î Ela said. ìOf course, the district disputes that this is the case.îThere is always the chance that the county and the district will settle the issue out of court, Ela said. ìI donít know what the countyís motives are in suing us,î he said. ìThey have a high hurdle to prove that some maintenance failure caused the damage.îEla said there wonít be many updates available as the legal process moves forward but that if the issue goes to trial, he will make the trial date public.

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