On December 26, 2013 the Court of Appeals issued its opinion affirming Judge Stern’s denial of a preliminary injunction to halt construction of a school in Hampden Heights North Park.
A copy of the opinion is attached here
After reviewing the decision, I believe that the Court of Appeals was wrong in concluding that charter section 2.4.5 eliminated common law dedication of parks in Denver. After considering the work involved in this pro bono effort, my four law partners at Benson & Case law firm voted unanimously to authorize me to file a petition for writ of certiorari in the Colorado Supreme Court. They also authorized me to proceed to trial as scheduled in Denver District Court May 19, 2014. I am honored and blessed to have such supportive law partners, and to have the unwavering support of so many concerned citizens in Denver.
Regardless of the legal outcome of the case involving Hampden Heights North Park, Friends of Denver Parks has authorized me to make the following announcement: Later this year, Friends will launch a ballot initiative to confer official park status on the numerous parks in Denver that the city has neglected to designate by ordinance. The ballot initiative, if successful, will protect Denver’s remaining “undesignated” parks from commercial development, and preserve them as open space.
My sincere thanks to all of the supporters of Friends of Denver Parks.
BENSON & CASE, LLP
Friends of Denver Parks v. City of Denver and DPS From John Case