Update On Progress

Copy Of Motion for Injunction Pending Appeal

Order From Court of Appeals to City and DPS

Rule 106 Opening Brief

Dear friends,

On October 7, the Colorado Court of Appeals ordered the city and DPS to respond by October 15 to our Motion for Injunction Pending Appeal. A copy of our motion, and the order from the Court of Appeals, are attached.

 On October 10, we filed the opening brief for Friends of Denver Parks in the rule 106 proceeding that is pending before Judge Stern in Denver District Court. A copy of that brief is also attached. Judge Stern ordered that the only issue to be briefed is whether or not the action of city Council in passing ordinance 170 was administrative or legislative. The city’s response is due October 24. Our reply is due November 7.

 Today I attended the 7th Annual Conference of the Smoky Hill Trail Association, which was held at the Hampton Inn in Parker.  Lee Whiteley, author of “The Cherokee Trail,” Michael Olsen, PhD. another extremely knowledgeable historian, and Peter Faris, an expert on American Western art and Native American art, provided fascinating talks and photographs showing the history of how Denver was settled between 1849 and 1870, including pictures of the stagecoach stops along Cherry Creek at 20 Mile House in Parker, 17 Mile House, 12 Mile House, 9 Mile House, and 4 Mile House.

 Parker Road is the modern paved version of the old Cherokee Trail.  The next time you drive along Parker Road, look ¼ mile to the west and you will see the foliage along Cherry Creek and the remnants of the Cherokee Trail along the east bank.  The stage coach stop known as 9 Mile House is at the bottom of the Cherry Creek reservoir, about 100 yards west of the swimmer beach.

 I hope all of you are well. Judy and I look forward to seeing you on October 26 at the gala!

 John Case

BENSON & CASE, LLP

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