Arapahoe County Prevails in Suit Brought by the Aurora URA and the City of Aurora

Last year Arapahoe County won a claim taken to the Court by the Aurora URA (Urban Renewal Authority) and the City of Aurora regarding the Fitzsimmons Urban Renewal Plan.  The Plan had four different subareas each with their own tax increment financing (TIF) provision.  Arapahoe County is responsible for diverting the tax increment from the affected taxing communities and depositing those tax dollars into the special account of the URA.  Arapahoe county began diverting TIF from all four of the sub plan areas and Aurora did not want to collect but from two.  Arapahoe County’s interpretation of the Assessor’s Research Library (ARL) provided direction to the County Assessor to begin the diversion of the TIF money for all four plan areas based on the date that the plan was approved and they held that position against the desire of the Aurora URA who then filed a legal complaint.

The first complaint filed by the Aurora URA found in favor of Arapahoe County so Aurora URA appealed the decision.  On Feb. 23, 2017 the Court ruled in favor of Arapahoe County again.

This is important to Littleton because LIFT (Littleton’s URA) also approved plans that called for a delay in the collection of TIF.  We now know that this delay of TIF collection does not comport with the law meaning that all UR plans containing a provision for the use of TIF started the TIF clock the day the plans were approved.

To read the decision please follow the link.   tab-28-170223-opinion-and-judgment-affirmed

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