D-49 fights Aspen View Homes over land the district wants to build school on

COLORADO SPRINGS, Colo. (KKTV) A local school district says a home builder is trying to take land that is designated for a school.

District 49 wants to build a new middle school, but the city of Colorado Springs said Aspen View Homes applied to change that land's use.

That plot of land is in Falcon, close to Woodmen and Marksheffel.

The home builder owns the land after they purchased it out of bankruptcy, according to D-49. But when the city laid out the plan for the land, they carved out a piece of it for a school. That means even though a builder bought it, the builder either has to give that land to the district free of charge or pay the district for it.

That city plan was created in 2003, designating 22 acres for the school.

Now that D49 is bursting at the seams with students, they are hoping the addition of another middle school will help release some pressure. They want to build it on those 22 acres, but Aspen View Homes in the meantime has applied to change the use of that land with the city.

That appeal has gone stale after the city asked the school district if they would release the land to the builder, and they did not.

D-49 sent a letter to Aspen View Homes asking to have the land released to them.

Aspen View Homes responded to that letter stating that they did not understand the letter, saying "we are unclear as to the nature of the request contained in your letter."

Marie La Vere-Wright is the school board president for D-49. She found that response unacceptable.

"Feigning ignorance based on a map that I think my 10-year-old could read on the planning commission."

She explained that if Aspen View wants the land to build homes, they need to pay the district.

After two days of asking for comment, Aspen View gave 11 News this statement:

"With that transaction, we are close to a resolution, it will make good by the community"

When our reporter asked for clarification on what that means, he was told that was all they could say.

A representative with the city of Colorado Springs, who ultimately makes the call on all of this, said that the request from Aspen Homes to re-zone the land is dead in the water.

They added the builder can appeal again, but we're told that hasn't happened yet.