Dear Friends,
On December 26, 2013 the Court of Appeals issued its opinion affirming Judge Stern’s denial of a preliminary injunction to halt construction of a school in Hampden Heights North Park.
A copy of the opinion is attached here
After reviewing the decision, I believe that the Court of Appeals was wrong in concluding that charter section 2.4.5 eliminated common law dedication of parks in Denver. After considering the work involved in this pro bono effort, my four law partners at Benson & Case law firm voted unanimously to authorize me to file a petition for writ of certiorari in the Colorado Supreme Court. They also authorized me to proceed to trial as scheduled in Denver District Court May 19, 2014. I am honored and blessed to have such supportive law partners, and to have the unwavering support of so many concerned citizens in Denver.
Regardless of the legal outcome of the case involving Hampden Heights North Park, Friends of Denver Parks has authorized me to make the following announcement: Later this year, Friends will launch a ballot initiative to confer official park status on the numerous parks in Denver that the city has neglected to designate by ordinance. The ballot initiative, if successful, will protect Denver’s remaining “undesignated” parks from commercial development, and preserve them as open space.
My sincere thanks to all of the supporters of Friends of Denver Parks.
John Case
BENSON & CASE, LLP
Tag Archives: Denver Public Schools
Friends of Denver Parks v. City of Denver and DPS From John Case
Just Out, New Article From Examiner.com
Former Denver mayor Wellington Webb supports nonprofit opposing park land swap
By Caryl Buckstein
Former Denver mayor Wellington Webb has joined a nonprofit battling the city of Denver over the retention of park space, a spokeswoman for the Friends of Denver Parks confirmed Tuesday, December 17.
The nonprofit has taken on the city of Denver, Denver Public Schools and City Clerk Debra Johnson over a land swap of park land between the city and the school district
Please go here to read the entire article
Friends of Denver Parks maintains a library of all news articles and audio/video under the tab Newslinks and Articles
A Message From John Case
Dear Friends,
I attach Reply Brief of Friends of Denver Parks with Appendices 1, 2, and 3 filed in the Colorado Court of Appeals on November 21, 2013.
The case is now fully briefed and we are awaiting the Court of Appeals decision.
Copies of the Answer Briefs of the City and DPS should be available on FriendsofDenverParks.org soon, or from the Colorado Court of Appeals website.
Thanks to all of you for your support.
Special thanks to Benson & Case’s newest associate, Jessica Schultz, who wrote the Reply Brief for Benson & Case after retrieving the original pleadings of the McIntyre case from Colorado State Archives.
John Case
BENSON & CASE, LLP
Vision for Denver
To view the movie, or order a hard copy.


