Motion for Emergency Injunction, Colorado Supreme Court

Dear Friends,
Attached please find copy of motion for emergency injunction with Exhibits 1-18 that we filed in the Colorado Supreme Court on Thursday Mar 6.
The Affidavit of Susan Barnes-Gelt (Exhibit 6), shows that HHNP was designated a park when the 1996 Charter Amendment was adopted.  Also, all Denver parks, including HHNP,  were designated by Ordinance 333 Series of 2010, and the 2010 Official Map and zoning code, which show HHNP and all other designated parks.
The discouraging news is that DPS started pouring concrete and steel structures in the park on March 3.
We will ask Judge Stern to grant summary judgment in our favor next week and stop the destruction of the park.  Please don’t expect a ruling anytime soon.
Trial remains scheduled for May 19.  Our evidence and witnesses are solid.  See Exhibits 1 and 6-17 attached to the motion.
The city will file motions to deny a jury trial and dismiss the case.  I remain confident of a favorable outcome because truth is on our side, and Rule 38 Colorado Rules of Civil Procedure provides a jury trial in all cases involving title to real property (which this is).
Thanks to all of you for your awesome support and continued interest.  Really special thanks to witnesses Susan Barnes-Gelt, Sandy Dennehy, Joan Biggs, Carolyn “Charlie” Gallagher, Dave Norden, Amy Laugesen, Jim Kellner, Charles Bonniwell, and Dave Longbrake.  Their cooperation was amazing.  Their testimonies are included in the exhibits.

John Case
BENSON & CASE, LLP

2014-0306_motion_for_injunction_pending_appeal-final.pdf

2014-0306_ex_1.pdf

2014-0306_exs_2-18.pdf

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