Author Archives: friendofowl

Friends Of Denver Parks Day In The Colorado Court of Appeals

On September 1, John Case presented oral arguments in front of the Colorado Court of Appeals

Our battle to preserve Hampden Heights North Park takes place in the Colorado Court of Appeals next Tuesday September 1, 2015

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Dear Friends of Denver Parks,

Oral argument in our battle to preserve Hampden Heights North Park takes place in the Colorado Court of Appeals next Tuesday September 1, 2015 between 1:30 p.m. and 2:30 p.m. The hearing is at 2 West 14th Ave. in Denver (Lincoln and E. 14th Ave.)

Many of you have asked why we keep fighting.  DPS has constructed an elementary school on the 11 acres that will open within days.

We are fighting because if we win, ultimately we can return the land to the ownership of the citizens of Denver.  After the school has outlived its useful life in 20-40 years, DPS and the City can restore the 11 acres to natural area park land as part of Paul A. Hentzell Park for the use of future generations.

Each side is allowed fifteen minutes to present its argument.  Our proceeding will last ½ hour.

There is another case on the 1:30 docket with us, we won’t know until 1:30 p.m. which case will be heard first.

For those of you who wish to attend in person, oral argument will take place in the beautiful new courtroom on the First Floor of the Court of Appeals.

It is helpful to be in the Courtroom by 1:25 p.m., so that your entrance does not distract the three appellate judges who will hear the arguments and decide our case.

The three judge panel will consist of Senior Judge Sandra I. Rothenberg, Judge Steve Bernard, and Judge Stephanie Dunn.

The First Floor Courtroom has excellent acoustics.  There are comfortable benches with close-up visibility for 60 observers.

There is meter parking on Lincoln northbound between 13th Ave and 14th Ave.  There is meter parking on Broadway southbound between 14th and 13th Ave.  There is a paid parking lot at 13th and Broadway. Please allow 15 minutes to get into the First Floor Courtroom after parking your car.

Usually, the Court of Appeals issues a written decision within 4 weeks of oral argument.

If you cannot attend in person, you can watch oral argument on-line by following the instructions below.

  1.  Go to this page at the appointed date and time (9/1 at 1:30 p.m.)
  2.   Click on the link that says “Court of Appeals First Floor.” The link won’t be active until the court is actually in session. These things start late sometimes, so people should keep trying if the link isn’t active right at 1:30.
  3. Watch the argument.

There is another case scheduled at the same time as ours, so the Friends case may not be argued until 2:00 p.m. or so.

Thanks to all of you who have supported Friends of Denver Parks.

John Case
EVANS CASE, LLPDPS Notice

Now New York Has Their Own Version!

Sound familiar?What makes a park a park?
Though the plan is overwhelmingly opposed by NYU’s faculty and neighbors, the city, under Mayor Bloomberg, finally blessed it, handing the university four strips of public parkland for its private use, ostensibly for academic purposes.
The plan’s opponents sued the city, since, under an age-old legal code called the Public Trust Doctrine, parkland may not be “alienated” — meaning, turned into something else — without explicit approval by the state legislature, approval NYU had not obtained. The university and the city skirted that requirement by claiming that those parks are not in fact parks, since they were never formally “mapped” as such (i.e., not transferred officially to the Parks Department).

The Time to Save Our NYC Parks Is Now

By Mark Ruffelo

Huffington Post June 4, 2015

What makes a park a park?

Ordinarily, that might be a question for a New York dinner party. Today, it is an urgent legal question before the New York Court of Appeals. For our state’s highest court will either save our city parks, by reaffirming a time-honored civic principle, or they will throw it out, and so allow the city to seize countless open spaces long enjoyed as public parks, and hand them over to private developers, without approval from the state Legislature.

Such is the looming consequence of New York University’s plan to bulk up its Greenwich Village presence with four huge towers — roughly 2 million square feet of commercial real estate — crammed onto the two residential blocks just south of Washington Square.

Though the plan is overwhelmingly opposed by NYU’s faculty and neighbors, the city, under Mayor Bloomberg, finally blessed it, handing the university four strips of public parkland for its private use, ostensibly for academic purposes.

Read the entire article here