The Flying W Ranch is suing Colorado Springs, asking for “judicial review” of the City Council’s Nov. 14 decision allowing a controversial water tank built on the city’s northwest side to stand nearly 20 feet taller than originally approved.

In the lawsuit filed Monday in El Paso County district court, attorneys for the Flying W Ranch said the council, “acting in a quasi-judicial capacity, abused its discretion and exceeded its jurisdiction” when it decided the Wilson water tank Colorado Springs Utilities had nearly completely built in the Mountain Shadows neighborhood could stand 60 feet tall.

The recently-authorized final height is nearly 20 feet taller than original development plans for the project allowed.

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In October, the Planning Commission voted not to allow the city-owned utility to modify the development plan and increase the tank’s maximum height, reconciling the height difference. Utilities appealed that decision with City Council, and that board on Nov. 14 overturned the Planning Commission’s ruling.

The nine-member City Council also acts as the Colorado Springs Utilities Board of Directors.

“The City Council’s conflict of interest is clear and not waivable. The city abused its discretion and exceeded its jurisdiction by proceeding to hear the appeal and rule for (Colorado Springs Utilities), thereby depriving the plaintiff (Flying W Ranch), as well as other interested parties, of their due process rights,” the lawsuit states.

Mountain Shadows neighbors allege ‘deception’ by Colorado Springs Utilities in water tank project

The council’s actions also violated the city’s ethics code, which “states that the city should ‘strive to avoid any conduct creating the appearance of impropriety,'” the suit charges.

Colorado Springs Utilities acknowledged this summer and in the fall it had built the new 5-million-gallon concrete water tank taller than the 45-foot height limit the city initially approved.

During the Nov. 14 council hearing, the agency acknowledged “missteps” in the planning and development process after Mountain Shadows neighbors said they felt “deceived” or “misled” by Utilities.

The tank is critical and necessary to serve Utilities customers and provide the large amounts of water that would be needed in the case of a wildfire, the agency’s Chief Systems Planning and Projects Officer Lisa Barbato told the council.

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Mountain Shadows neighbors opposed to the height increase said they weren’t opposed to the water tank itself and understood it was necessary to serve customers. But Utilities repeatedly told residents the new tank would match the specifications of an old steel tank it will replace, including being no more than 45 feet tall, neighbors said.

The Flying W Ranch is located along the foothills above and adjacent to the Mountain Shadows neighborhood and the new water tank is visible from the ranch. Owner Leigh Ann Wolfe has said she opposes the tank because it disrupts the Western atmosphere visitors to her ranch come there to enjoy.

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The Flying W Ranch seeks a court ruling reversing the council’s decision to modify project development plans and increase the final height of the water tank to 60 feet.

It seeks a court decision preventing the city “from removing, destroying or dismantling” the existing aging steel water tank intended to be replaced until the matter is resolved. This way, the older water tank will remain available to provide water to the Mountain Shadows neighborhood and the Flying W Ranch if the court rules in the ranch’s favor, according to the lawsuit.

Flying W Ranch also seeks to recover applicable costs and attorney’s fees in the matter.