Mesa County District Judge Brian J. Flynn has denied Mesa County’s request to stop a Glade Park event venue from operating while its lawsuit against the owners proceeds. In an Oct. 20 order, Judge Flynn found that the county sought to impose a separate site-plan-approval requirement that was not specified in its land-development code nor among the conditions the Mesa County Commissioners placed on the venue. This decision allows Mesa View Venue at Little Park Ranch, owned by Cheryl and Scott Norton and Charles Hoge, to continue hosting weddings and other events under the conditional-use permit approved in May 2025 and the certificate of occupancy issued in May 2026. Judge Flynn is scheduled to retire on Dec. 31.
The dispute began when the Nortons and Hoge sought approval to use their property for events. Planning staff recommended approval with conditions, but the Planning Commission voted 4-0 to recommend denial. During the Planning Commission hearing, neighbors raised concerns about potential traffic, noise, and the impact of events on the rural Glade Park area. The hearing itself was disrupted several times, including by shouting, according to Flynn’s order.
After the owners reduced their proposed maximum events from 125 to 42 per year, the Mesa County Commission unanimously approved the venue as a minor-entertainment-events use on May 27, 2025. The commissioners' resolution set specific conditions, including that events must end by 10 p.m. and addressed noise, parking dust, lighting, bathrooms, and sight distance along the road. Notably, the resolution did not require a separate site-plan review for the venue.
Despite the commissioners' approval, County Attorney Todd Starr sent the owners a letter on Dec. 15, 2025, stating their permit remained pending without separate site-plan approval. Cheryl Norton responded, pointing out that no such condition was in the commissioners' resolution. Nine days later, the county issued a cease-and-desist notice, alleging the owners lacked a certificate of occupancy for commercial events. Norton stated that they then pursued occupancy approval but did not seek a separate site-plan review.
The Nortons met with Starr and other county officials on Dec. 29, 2025. According to Judge Flynn’s order, during this recorded meeting, Starr acknowledged that he had “screwed up” by leaving a site-plan-approval condition out of the resolution presented to commissioners. When the Nortons declined to seek another approval, Starr expressed a desire to “shut down” the venue, the judge wrote. Cheryl Norton recalled that Starr gave them until 8 a.m. the next morning to sign an agreement regarding a planned New Year’s Eve event and steps toward occupancy approval, with a threat of an injunction if they did not comply. The agreement also contained disputed language about site-plan approval.
The county later relied on this agreement to place a hold on the occupancy process, but the ruling indicated the county admitted the agreement was unenforceable because Charles Hoge, a 50 percent owner, had not signed it. The county also initially argued the agreement required site-plan approval but withdrew that argument in court. After the owners made improvements, including to the septic system and an accessible bathroom, the county issued a certificate of occupancy on May 13, 2026. However, on June 11, Starr filed the lawsuit, asking the court to order the owners to cancel events and stop operating while the case proceeded. By this time, the occupancy issue that initially prompted the cease-and-desist notice had been resolved.
Judge Flynn found that the site plan submitted with the conditional-use application was approved as part of that initial application. He also noted that the county had issued a building permit and the certificate of occupancy without requiring a separate site-plan approval. In his ruling, Flynn wrote, “It would disserve the public interest to allow the BOCC to impose, via litigation, requirements that do not exist in its code or in the BOCC’s Resolution approving Defendants’ conditional use permit for the Property.” The judge also questioned the county’s decision to pursue the case after issuing the certificate of occupancy, stating Starr “inexplicably filed this action” on June 11.
Flynn concluded that Mesa County had not met the requirements for a preliminary injunction, specifically failing to show immediate harm from the venue’s continued operation. He noted that closing the venue while the case proceeded would cause substantial financial harm to the owners. Cheryl Norton stated the dispute has cost the owners approximately $50,000 in legal expenses, which they partially paid using retirement funds.
Todd Starr resigned as county attorney in a letter dated Sept. 29. Commissioners announced Stephanie Rubinstein as acting county attorney on Sept. 30, stating, "We thank Todd for his service to Mesa County and wish him well," without linking his resignation to the venue case. The judge denied the owners’ request for attorney fees and costs without prejudice, noting the hearings focused on the county’s request for immediate relief, not a full trial on the lawsuit’s merits.
