A Weld District Court judge has denied an “emergency motion” by the owner of the troubled Future Legends sports complex to issue the town of Windsor a temporary restraining order and force it to extend temporary occupancy permits for portions of the complex that had expired just before midnight Sunday.
In an order issued Monday afternoon, District Judge Kimberly Schutt refused Future Legends’ request that her court “issue a restraining order without notice” to the town of Windsor “because of the alleged irreparable harm which the Plaintiffs contend they will suffer if the TCO’s are not extended. The motion only seeks issuance of a TRO; it does not seek issuance of a preliminary injunction,” she wrote, adding that “the Complaint does not appear to seek injunctive relief either.”
Jeff Katofsky, Future Legends’ managing partner, had sued the town in Weld District Court. “Do Not Enter” signs posted by the town and visible Monday indicated that because the occupancy permits expired at 11:59 p.m. Sunday, “this structure shall be deemed unsafe by order of the Town of Windsor Building Department.”
Katofsky’s complaint alleged that the facilities are indeed safe and that the town has misinterpreted its own codes. He had appealed the town’s decision to let the permits expire Sunday night, and said planning director Scott Ballstadt failed on Friday to forward his appeal to its Board of Adjustment.
Future Legends asked the district court to issue an “emergency” restraining order against the town, contending that “if these TCOs expire, Plaintiffs’ entire business will shut down, all events currently scheduled for this week and beyond will be cancelled, Plaintiffs will breach multiple contracts with professional sports teams that use the Future Legends Project, and Plaintiffs will likely lose these professional franchises, as well as any future franchises. Simply put, Plaintiffs will face certain, immediate, and irreparable harm if a Temporary Restraining Order is not granted to halt the expiration of the Temporary Certificates of Occupancy.”
Schutt wrote in her ruling Monday that “the Court finds from review of the exhibits and affidavits that the Plaintiffs have failed to sufficiently demonstrate all of the grounds for issuance of a TRO … The motion and affidavits focus primarily on the alleged irreparable harm which will be incurred to the Plaintiffs if the TCOs are not extended.”
She wrote that the affidavit did not sufficiently establish “what efforts were made to give notice to the defendant that this action was being filed, or sufficient reasons for notice not to be required before the issuance of a TRO. …
“As of the issuance of this Order,” she wrote, “there is no evidence that the Town has been properly served with the Complaint to provide notice of this action.”
Schutt also found that “it would not serve the public interest to grant such relief without notice given the safety concerns apparently underlying the Town’s decision not to extend the TCOs. The Court is troubled by the notion of forcing the Town to extend the TCOs without an opportunity to be heard if there are valid public safety concerns implicated.”
Katofsky had sued Windsor on April 11 in U.S. District Court in Denver, alleging that the town discriminated against him by refusing to extend the temporary occupancy permits that allow it to remain open. He asked the court to impose a TRO against Windsor, as well as preliminary and permanent injunctions, to “preserve the status quo pending a trial on the merits in this case.”
The filing occurred on the same day that a Nevada bankruptcy court judge dismissed the bankruptcy of Future Legends 5 LLC, one of the ownership entities.
U.S. District Court judge Regina M. Rodriguez, during a hearing April 22, denied Katofsky’s request for a temporary restraining order and refused to order the town to extend the certificates of occupancy. Her order was issued Thursday.
This article was first published by BizWest, an independent news organization, and is published under a license agreement. © 2025 BizWest Media LLC. You can view the original here: Weld judge denies Future Legends’ motions to extend permits, restrain Windsor
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