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The City of Breckenridge has filed a lawsuit against Commissioner Greg Akers for a fence contract dispute that began before he was elected as a commissioner, regarding the creation of a dog park on city-owned property.
A long-awaited dog park in the City of Breckenridge has hit a legal and logistical roadblock, following a payment dispute between the city and a local contractor, who now serves as a city commissioner.
The project, originally proposed in late 2023, aimed to create a fenced-in space for dogs to play freely on city-owned land near Elliot and Gaddis Streets, between Robert and Dunnigan Avenues. But progress stalled after a disagreement over payment terms for the fence installation.
In early 2024, the city accepted a bid from Akers Investments LLC, led by Greg Akers, who was not a city commissioner at the time, to build the fence. Akers was later elected in May 2024 and currently serves on the city commission.
According to a civil complaint filed July 28, 2025 in the 90th Judicial District Court, the city alleges that Akers received a partial payment for the job but failed to deliver materials or begin construction.
The complaint reads that the bid quote was $24,304.94 to supply and install the required fencing. Records show that the city issued a check for $6,076.24 – 25% of the total – on April 30, 2024.
The city contends in the complaint that Akers agreed to this revised payment structure and accepted the terms by depositing the check.
“While the city expected work to promptly begin on the dog park fencing, it did not,” the complaint reads. “In fact, to this day, no fencing has been installed and the city has not received a refund of its monies paid.”
According to court documents, attorneys with Messer Fort, PLLC were hired and began working on reviewing details of the contract at the end of March 2025.
Letters demanding repayment were sent in May and July of this year, but no refund was issued, according to documents, with the first sent May 7 and the second sent July 11.
Commissioners and Northrop met with Hayman in executive session June 3 to discuss the fence contract. After reconvening into regular session, commissioners unanimously authorized legal action if the matter remained unresolved by June 17. Akers abstained from the session and vote.
The city filed a motion for default judgment Tuesday, Sept. 16 against Akers, stating that “the deadlines for the Defendants to answer or otherwise respond to the petition as ordered by the issued citations have come and gone,” with the deadlines having been set for Aug. 25, 2025.
“These Defendants have, however, failed to file an answer or any responsive pleading constituting an answer and have not entered an appearance as required by law,” the motion states.
In the motion, the city is asking for just over $13,000 not including court costs. If an appeal is filed, the amount increases at each appeals level, depending on the outcome.
A hearing on the motion has been set for 11 a.m. Thursday, Oct. 2 in the 90th District Judicial Court.
The Breckenridge American could not reach Akers after numerous attempts to contact him before going to press.
When asked if she had any comments regarding the case, Northrop said in a phone call, “The facts of the case are out there and I am not commenting beyond that.”
