Tag Archives: DPS

Friends of Denver Parks file petition for certiorari in the Colorado Supreme Court on October 28, 2015

day.in.courtFriends of Denver Parks, Steve Waldstein and Zelda Hawkins filed their petition for certiorari in the Colorado Supreme Court on October 28, 2015. The basis for the petition is that the Colorado Court of Appeals failed to follow Colorado Supreme Court precedent when it affirmed the trial court’s dismissal of our case without allowing witnesses to testify in a public trial.

2015-1028 Petition for Writ of Certiorari.FINAL

2015-1028 Appendices to Cert Petition pt 1

2015-1028 Appendices to Cert Petition pt 2

2015-1028 Appendices to Cert Petition pt 3

The witnesses, which include not only private citizens, but also former city officials and employees, would have testified that Hampden Heights North Parks was designated with other parks by the Charter amendment in 1956, and was confirmed as a park with the 1996 Charter amendment.

Even though DPS has built a school in what used to be a park and natural area, petitioners are pressing the case forward so that, when the school is flooded by Cherry Creek or outlives its useful life after 40 years, the land can be returned to its rightful status as a public park, held in perpetuity for the citizens of Denver.

Thanks to all our friends for their continuing support.

John Case

EVANS CASE, LLP

Wrongful Death | Serious Injuries

Civil Trials | Appeals

With partners expert in Probate | Estate Planning | Real Estate | Business & Corporate | Divorce & Family

1660 S. Albion Street, Suite 1100, Denver, Colorado 80222

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Brief Filed With Colorado Court of Appeals on February 4, 2015

Dear Friends,

Thank you for your continuing support of Friends of Denver Parks and efforts to protect open space in Denver.

Attached is a copy of the brief that Evans Case LLP filed for plaintiffs-appellants in the Colorado Court of Appeals on February 4, 2015.  We are asking the court to reverse the decision of Judge Stern so that, in accordance with Charter Section 2.4.5, the people of Denver may vote on the issue of whether 11 acres of park land should be traded to DPS for use as a school.  We filed a lis pendens on the property in 2013 before the City conveyed it to DPS, so our interests are protected until all appeals are exhausted.

If we are successful, there are a number of possibilities that may come into play.  One, there could be a vote of the people.  Two, could be an agreement reached between the plaintiffs and the city and DPS to eventually restore the 11 acres to its original protected park-natural area status after the useful life of the school expires – say in 15 years, or even forty years, as the original contract between the city and DPS contemplated.

Another factor may be potential danger to elementary school children if there is a severe rain event which requires the Corps of Engineers to release a sudden large volume of water from Cherry Creek Reservoir, through the floodgates of the Cherry Creek Dam, into the flood plain where the school is constructed.  This possibility was once considered extremely remote, but in my opinion, a careful reading of the Corps of Engineers 2012-2013 report on front range dams shows that, if a big enough rain storm dumps a sufficient volume of water into the Cherry Creek Reservoir and surrounding drainage basin, flooding of the new school with loss of life may be an actual danger unless the dam is modified or other precautions are initiated.  According to a former engineer for the Army Corps of Engineers whom I consulted with, risk of flooding can be minimized by releasing all of the water in Cherry Creek Reservoir through the floodgates in measured discharge before the rainy season starts, and hope that enough rain will be recovered in the rainy season to re-fill the reservoir. One of the missions of Cherry Creek Reservoir is recreational use. Draining the reservoir in the summer to avoid risk to a school that was unwisely built in the floodplain 50 yards from the creek, would not be popular with the Cherry Creek Yacht Club, jet skiers, water skiers, paddle boaters, swimmers, campers, environmentalists, beach people, or fisherman.

Members of the Friends board of directors who attended the Corps of Engineers presentation on January 24, 2015 were told that the Corps of Engineers has no control over local officials who authorize development in a flood plain.  Because development of real property in a flood plain is a dangerous choice for inhabitants, the Corps of Engineers discourages development, but cannot prevent it.

Once again, thanks to all of you for your hard work and support. J

John Case

EVANS CASE, LLP

 Opening Brief Colorado Court of Appeals Filed Feb 4, 2015

Wrongful Death | Serious Injuries

Civil Trials | Appeals

With partners expert in Probate | Estate Planning | Real Estate | Business & Corporate | Divorce & Family

1660 S. Albion Street, Suite 1100, Denver, Colorado 80222

Phone|303-757-8300     Fax|303-753-0444   Web| www.evanscase.

Barnes-Gelt: The hinky history of Denver’s land swap

By Susan Barnes-Gelt, The Denver Post May 9, 2014

Early this month, following more than a year of political shenanigans, civic and media consternation, lawsuits and failed appeals, Denver District Court Judge Herbert Stern affirmed the legality of Denver Mayor Michael Hancock’s decision to transfer 11 acres of open space in southeast Denver to Denver Public Schools for a new elementary school.
In exchange for the acreage and $710,000, the city got an obsolete DPS building in the Golden Triangle that will house a domestic violence center for women.
No one disputes the value of a new elementary school or a domestic violence center. At issue is how the city administration managed the deal. To recap:
In late 2012, Lauri Dannemiller, manager of Parks and Recreation, asked her 18-member advisory board to approve the swap and de-designate 9 acres of Hentzell Park as open space and the adjacent 2½ acres as a parking lot. The board opposed the measure, 11-6. The board, charged with oversight and stewardship of Denver’s treasured parks and open space, was chagrined when Dannemiller overruled the majority opinion.
Read the entire article in the Denver Post Here