Timnath Trail v. Town of Timnath, 24CA1372

Timnath Trail LLC (“Timnath Trail”) owns property in the Town of Timnath, Colorado, governed by a 2008 annexation agreement with the Town.
The agreement required Timnath Trail to pay certain school fees and development impact fees to the Town upon development.
From June to September 2018, Timnath Trail obtained permits to build 176 multi-family units, paying $1,463,792 in development and school fees under formulas disputed by both parties.
In October 2022, Timnath Trail sued the Town, alleging it was overcharged, asserting the wrong fee formulas were used.
The district court applied a three-year statute of limitations, finding the claim time-barred and granting summary judgment to the Town. Timnath Trail appealed, arguing for a six-year limitations period for some fees and challenging the accrual date.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Statute of limitations on development impact fee claim	Six-year period applies because the amounts were determinable by contract formula	Three-year period applies as fees were not liquidated or determinable	Six-year period applies to development impact fees; summary judgment reversed on this point
Statute of limitations on school fee claim	School fees were also determinable; six-year limit applies	School fees are not determinable, subject to change; three-year limit applies	Three-year period applies; summary judgment for Town on school fees affirmed
Date of accrual for statute of limitations	Accrual should be July 2020 when overcharge discussions began	Accrual began with 2018 payments when facts were discoverable	Accrual was latest in August 2018; suit on school fees time-barred
Proper calculation of development impact fees	Amount was contractually set at $4,913 (+$2,000) per unit, not $7,691	Fee should be based on 2015 Town Report in effect at permit issuance	Agreement formulas "locked in" lower rate until 2024; dispute not resolved on merit

Rotenberg v. Richards, 899 P.2d 365 (Colo. App. 1995) (A debt is liquidated or determinable if the amount due is capable of ascertainment by reference to agreement or simple computation)
Fishburn v. City of Colorado Springs, 919 P.2d 847 (Colo. App. 1995) (Development fees easily calculable if the contract states fixed rates or formula)