Friends of Denver Parks v City of Denver & DPS – Petition for Writ of Certiorari filed in Colorado Supreme Court February 4, 2014

Dear Friends,
Attached are copies of the Petition for Writ of Certiorari with Appendices 1-6 that we filed today in the Colorado Supreme Court.  We are asking the Supreme Court to review the decision of the Colorado Court of Appeals (which affirmed Judge Stern’s denial of our motion for preliminary injunction).  It is uncertain when we can expect a decision from the Supreme Court.
Our trial date in Denver District Court is May 19, 2014.
Today we took the deposition of Sandy Dennehy, the oldest daughter of Gerry Phipps, first owner of the Denver Broncos.  Sandy testified that as a child and as a young woman, she and numerous friends rode horses along Cherry Creek and picnicked in Hampden Heights North Park north of the Sullivan Dam.  This occurred during the eighteen year period from 1947 until the JFK golf course was built in 1965. The parkland was always open, used by the public for horseback riding, bicycling, walking, picnicking, and recreation.
Thanks to all of you for your encouragement and continued support of Friends of Denver Parks.
John Case
BENSON & CASE, LLP

2014-0204-Petition_for_Cert.FINAL

Appendix_1_-_Court_of_Appeals_Opinion

Appendix_2_-_Trial_Court_Order_Denying_Preliminary_Injunction

Appendix_3_-_1955_Charter_Amendment-1

Appendix_4_-_Denver_Charter_Section_2.4.5

Appendix_5__-_Parks_List

Appendix_6_-_2010_Zoning_Ordinance-1

Resolution Passed By Denver Dems Central Committee

On February 1, 2014 a RESOLUTION FOR THE RIGHT OF DENVER CITIZENS TO DETERMINE THE USE OF DENVER PARKS BY A VOTE OF THE PEOPLE was passed by the Denver Democratic Central Committee by a vote of 80 in favor, 69 against.

RESOLUTION FOR THE RIGHT OF DENVER CITIZENS TO DETERMINE THE USE OF DENVER PARKS BY A VOTE OF THE PEOPLE

WHEREAS, Denver City Charter, Section 2.4.5 requires a vote of the people to allow a City park to be sold, transferred, or otherwise converted to non-park use; and
WHEREAS, Denver is known for its abundant and beautiful park system and Denver citizens are justifiably proud of Mayor Speer’s legacy of preservation of land for park space for the enjoyment and leisure of the citizens of Denver; and
WHEREAS, Denver citizens have clearly expressed an abiding desire to exercise their right to vote on any proposed conversion of a park; and
WHEREAS, Denver currently has over twenty parks that are only partially protected from future sale or development and over forty parks that are not designated by ordinance as parks and therefore not protected at all from future sale or development; and
WHEREAS, The Mayor of Denver and the Denver City Council have pronounced that conversion of these unprotected parks is not subject to a vote of the people as defined in City Charter Section 2.4.5 and, therefore be it
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RESOLVED, The Democratic Party of Denver graciously reminds the Mayor and City Council that the change in the status of their parks; and be it further
RESOLVED, The Democratic Party of Denver demands of the Mayor and City Council that any action to sell, trade or develop any land currently used or maintained as a City park be submitted to the people for a vote as required by City Charter Section 2.4.5, regardless of whether it is designated as a City park.

Presented for debate and adoption to:    THE DENVER DEMOCRATIC CENTRAL COMMITTEE
Committee Meeting of February 1, 2014
At George Washington High School, Denver, Colorado

This document as well as an Argument In Favor of the resolution can be found at HISTORY

 

John Case given Presidents Award by Inter-Neighborhood Cooperation

John_INC_award_1-30-14_001

John Case receives Presidents Award from Inter-Neighborhood Cooperation President, Larry Ambrose

Inter Neighborhood Cooperation, a Denver organization of 95 Registered Neighborhoods held their yearly Awards banquet and Silent Auction on January 30.   John Case was chosen to be the recipient of the prestigious Presidents Award by INC.  This award is given by the President of INC who chooses an outstanding community member who is works for the community to make it a better place.  John Case has certainly earned this award for his untiring work and support of Friends of Denver Parks to win our right to vote on the disposition of parks according to the Denver City Charter