My name is Tina Huston. I have been a horse enthusiast since about 1968.  I purchased a dilapidated horse facility in Parker, CO in 2006 with zero down and fixed the facility into a place where I teach people of all ages horsemanship. I work with people with mild handicaps, 4-H kids, hobbyists, people who compete, and anyone interested in learning safe horsemanship and how to communicate with horses. My farm is not a big money making venture, it is my passion and a way of life.

In 2014 a developer bought 247 acres of agriculturally zone land next to my farm. Our county master plan reads that the land was to remain agriculturally zoned until the year 2035. The developer put in an application to rezone the land to rural residential and wanted to put in 60 wells into the Upper Dawson aquifer and 52+ residential homes.

I formed a citizen's group to contest his water decree and the density of the Hilltop Road development. A large local water district contested his water decree, as well. The goal of our citizens group was to have the county honor our master plan and only allow the number of homes to be built according to the agricultural zoning and the master plan.  The county declined the developer's first application for rezoning because it did not comply with 3 of the county's 8 rezoning rules.

Shortly after the county declined the developer's application, the developer filed suit against me for attorney's fees from the water court proceeding, filed complaints with the county zoning department about my farm, and filed a complaint with the state Division of Water Resources about the use of my well. The developer sued me in water court for $40,000.00 and LOST his case.  I was represented by Fowler, Schimberg, and Flanagan, P.C..  Tim Flanagan was my attorney.  While the developer lost his case, the courts stated that The American Rule was used to rule the case which states that everyone in a court proceeding is responsible for their own court fees.  (Watch out for that American Rule. I believe this is a Colorado rule.)  The judge in the case made it a point to reprimand the law firm who represented the developer for even bringing on the case.  So, while the developer lost, I can't recuperate attorney's fees.  My defense costs were over $11,000.00.  I still owe $4400.00. My next goal is to raise $500.00.

Although this has been an exceptionally difficult battle for myself and the community, some important accomplishments were made.  First, the development was mitigated from 56 homes to 31 homes.  Which means land has been preserved for wildlife, roads used less, precious aquifer water preserved, air pollution and crime reduced.  Second, the basic civil rights of average citizens has been protected, in that, the message from the courts is to not bring frivolous law suits against citizens for exercising their First Amendment rights and protecting their homes and the tenets of the county's master plan.  The result of this suit will encourage other grassroots organizations to go forward with protecting their communities with a greater understanding of the laws.  There are two other large development battles going on in our area who will benefits from the result of our community efforts.  If you can help in any way, I would be grateful and it would be encouraging for other communities as well.