Tag Archives: Cherry Creek Dam

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

Advertisements

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

Mayor_9_7_13_001

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

FRIENDS OF DENVER PARKS FILES REPLY BRIEF

On March 30, 2015, Friends of Denver Parks filed its Reply Brief in the Colorado Court of Appeals.  Friends is asking the appellate Court to declare that Hampden Heights North Park is city park land, which cannot  be sold to DPS without a vote of the people that is required by Charter Section 2.4.5.  The issue before the court is bigger than one park.  At stake is the right of Denver citizens to participate in their city government, as the Charter requires, and whether the court will permit a public trial in which Denver citizens can present their case to a jury.  Here is a quote from the conclusion of the Reply Brief:

“Will the Court of Appeals enforce the peoples’ right of constitutional self-governance embodied in Charter § 2.4.5? Mayor Hancock took 10.77 acres from a park that, by Charter, belonged to the people of Denver. City officials denied citizens their right to vote on the taking. The Denver District Court entered a summary judgment that prevented citizens from presenting evidence to a neutral factfinder in a public trial. DPS used the land to build an elementary school in a flood plain below a dam that the U.S. Army Corps of Engineers declared unsafe in 2014.  Appellants respectfully submit that placing 800 school children in the path of a future flood – without the voter approval the Charter requires – so the Mayor can claim the political benefits associated with opening a domestic violence center is the opposite of constitutional self-government.”

To read the entire brief, click here:  Other filed documents can be found here. The full report from the U.S Army Corp of Engineers can be found here