Summary of the Court Proceedings

Good morning Friends of Denver Park,

Just a brief summary of the request for injunction proceedings 6/12-13/2013

If you want to decide a case based on the preponderance of evidence then I can say that John Case was a machine for two days.  I was wore out each day as the testimony was so engaging.  John just kept on and on, and didn’t let up.
The opportunity to see this experienced trial lawyer in action was an amazing privilege.

I did find Chuck Bonniwell’s testimony to be very valuable.  He will be publishing an article about the hearing in his newspaper,
the Glendale Cherry Creek Chronicle. We really needed to establish that this area was used for recreation prior to 1955, and
he put everything in perspective easily.  We knew that people rode horseback up and down the creek, and had some historical riding
stables to refer too.  But he simply stated that of course people used the corridor because in a short grass prairie land environment
unless it is an irrigated area the only place that was green and full of trees was Cherry Creek or the Platte River. He also established what government experts could not was the fact that even though the City and County of Denver bought up all the food plain lands along Cherry Creek post dam collapse in 1933 to have control of the flood plain areas.  Because it was the depression most lands were bought easily but not all sold the land, one in particular was the Cherry Creek Country Club
(he wrote a book on the history of the club).  So Denver City and County had to buy “right of way easements”, so that people
could use the paths recreationally unimpeded.

In the meantime, some of our not so stellar city officials had some prize moments.  Yes, Happy Haynes was overheard stating loudly “that son of a bitch” and stomped back into the courtroom while shaking her finger at John Case stating “how dare you “  she said more but I’m not sure exactly the words, but it was in reference to the question that John had
asked about her sister getting a position on DP&R after her deciding DPS vote.   She had the hardest time recalling this information on the stand.

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Press Release June 10, 2013

FOR IMMEDIATE RELEASE June 10, 2013

Inter-Neighborhood Cooperation (INC) is joining the lawsuit to save Hampden Heights North Park. Denver attorney John Case will represent INC on a pro-bono basis, along with two individual homeowners and the non-profit corporation Friends of Denver Parks.

Case said, “We are honored that INC will protect this unique wildlife park for all Denver citizens.”
Established in 1975, INC is a city-wide association of Registered Neighborhood Organizations.  With current membership of 94 residential based organizations, INC’s mission is to advocate for Denver citizens by bringing together, informing and empowering Denver neighborhood organizations to actively engage in addressing City issues.

On Wednesday, June 12, 2013 Judge Herbert L. Stern III will decide whether to grant a preliminary injunction preventing Mayor Hancock and city council from trading 10.7 acres of Hampden Heights North Park for an office building downtown. The plaintiffs rely on Section 2.4.5 of the city charter, which says that no part of any park acquired before 1955 may be sold without a vote of the people. Hampden Heights North Park was acquired by the city in 1936.

In addition to the lawsuit, Friends of Denver Parks is circulating a petition to allow voters to decide the issue in November.

City officials oppose the right of the people to be heard. On May 22 Denver Clerk and Recorder sent a letter to the plaintiffs telling them not to circulate petitions. On Saturday, June 8, Michael Sapp Jr., who is Mayor Hancock’s Neighborhood Liaison, warned INC at its public meeting not to join the lawsuit.

More information and copies of the legal documents may be viewed on the website www.FriendsOfDenverParks.org

People who wish to volunteer or donate should call Renee Lewis 303-337-2947.

Preliminary Injuction Hearing June 12, 9:00

On Wednesday, June 12, 2013 Denver District Judge Herbert L. Stern III will decide whether to grant a preliminary injunction preventing Mayor Hancock and city council from trading  10.7 acres of Hampden Heights North Park in southeast Denver for an office building downtown.

The hearing will start at 9 am  in Courtroom 376 in the City and County Building, 1437 Bannock St.  Please attend if possible

Explanation of Law Suit